A class action lawsuit has been filed in Massachusetts against a collection agency alleging the agency is not licensed as a collector in the state.
The plaintiff incurred a medical debt which was sold or placed with the defendant. The defendant subsequently sent a collection letter to the plaintiff, demanding payment for the debt and said that the plaintiff could be subjected to additional collection efforts if a payment was not made.
Massachusetts maintains a database of all licensed debt collectors and the complaint asserts that the defendant is not on the list of having had a licensed approved by the state’s Division of Banks.
A copy of the complaint in the case of Tatyana Shulman v. American Medical Collection Agency dba AMCA can be accessed by clicking here.
The plaintiff is seeking to include “All natural persons whom AMCA sought to collect consumer debts from, who resided within Massachusetts at the time of such collection efforts” as part of the class.
The plaintiff is alleging the defendant violated the Fair Debt Collection Practices Act by using false, deceptive, or misleading representations in connection with the collection of a debt by making a threat which could cannot be legally taken or is not intended to be taken, and by using unfair and unconscionable means to collect a debt. The plaintiff is also alleging the defendant violated the Massachusetts Consumer Protection Act for virtually the same reasons it allegedly violated the FDCPA.
