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DISCLAIMER: This article is based on a complaint. The defendant has not responded to the complaint to present its side of the case. The claims mentioned are accusations and should be considered as such until and unless proven otherwise.
In reviewing complaints to find one to write about, there are different criteria that I have. I often look for allegations of egregious behavior or if there are a growing number of complaints alleging similar violations of the Fair Debt Collection Practices Act or if there is something new that I think companies should put on their radar. Then, there are complaints that validate topics that are discussed during my webinars, and that’s why this complaint was chosen. Earlier this week, I hosted a webinar on identifying disputes and what collectors should do if they receive one. A consumer has filed a lawsuit in Georgia federal court alleging a collector violated the FDCPA because it responded to a letter where the plaintiff indicated she was refusing to pay the debt with information validating the debt, as if this were a dispute.
A copy of the complaint, filed in the District Court for the Northern District of Georgia, can be accessed using case number 23-cv-01640 or by clicking here.
There’s not a lot to this complaint, which also makes it less like the majority of complaints that are filed. It’s as if whomever drew up the complaint was being paid by the word and the plaintiff was on a very strict budget.
The plaintiff, in checking her credit report, saw a tradeline from the defendant for an unpaid debt. That same day, according to the complaint, she sent a letter to the defendant saying “I refuse to pay this debt.”
Imagine the plaintiff’s surprise, when 10 days later, she received a letter from the defendant with “a copy of documents she never requested to ‘validate’ an outstanding balance that was placed with their company” and an attempt to collect on the debt.
The complaint alleges the defendant violated Section 1692c(c) of the FDCPA by failing to cease collection activity after receiving written notice. The plaintiff claims to have suffered damages in the form of anger, anxiety, decreased ability to focus on task [sic
