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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.
A landlord and the collection agency it used are facing claims of violating the Fair Credit Reporting Act as well as state law in Florida for failing to conduct a reasonable investigation of a disputed debt because the collection agency purportedly knew the balance of the unpaid debt and the landlord inflated the amount that was due.
The Background: The plaintiffs leased an apartment in June 2018. In October 2019, they notified the landlord that they were vacating the apartment, which they did at the end of December 2019. When they moved out, the manager of the building signed a moveout form that indicated the balance due from the plaintiffs/tenants was $28.71. The plaintiffs were informed that if the balance was not paid, the account would be turned over for collection.
- Six months later, the landlord sent a revised final account statement that informed the plaintiffs the balance had increased to $4,480.71 and the account was placed with the collection agency for collection.
- The agency reported the debt to the credit reporting agencies.
- The plaintiffs disputed the debt, at which point the collection agency verified the debt was accurate.
- The plaintiffs claim the agency failed to conduct a reasonable investigation because the amount that it was reporting to be owed did not change.
The Claims: The agency is facing a claim that it violated Section 1681s-2(b) of the FCRA by failing to conduct a reasonable investigation.
- The landlord and apartment building owner are facing claims it violated the Florida Consumer Collection Practices Act by engaging in conduct that was harassing and threatening to collect an amount that was not accurate.
