A lawsuit has been filed against a fitness gym and the collection agency the gym placed an account with, for allegedly violating the Fair Debt Collection Practices Act by misrepresenting that the collector was an attorney and by using obscene and profane language during a collection call.
A copy of the complaint in the case of Rafer v. Internal Credit Systems, Inc., and Anytime Fitness, LLC can be accessed by clicking here.
The plaintiff had a membership with the fitness facility, but moved to Florida. She alleges she canceled her membership via email. The facility continued to charge the plaintiff, incurring a debt that was placed with the defendant. The defendant sent a collection letter to the plaintiff, and subsequently made calls to the plaintiff to collect on the unpaid debt. During one of the calls, the collector represented itself to be an attorney and threatened legal action if a payment was not made. During the same call, the collector allegedly used “obscene and profane” language in making a demand that the debt be paid, according to the complaint. Even when the plaintiff’s mother took the phone and demanded the defendant stop contacting her daughter, the defendant allegedly said it was an attorney.
Along with the alleged violations of the FDCPA and the Florida Consumer Collection Practices Act by allegedly continuing to call after the plaintiff revoked consent to be contacted and for allegedly attempting to collect on a debt when the agency was not licensed in the state of Florida.
