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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 collector is facing a Fair Debt Collection Practices Act lawsuit because it allegedly tried to collect more than what was owed, even after sending a statement to the plaintiff that appeared to show the correct balance.
The Background: The plaintiff visited a dental care facility to have some work performed. The plaintiff paid for the treatment, but a few days later, there was a problem and some of the work that was performed broke. The plaintiff contacted the facility and was told that another implant would be provided at no cost.
- Several weeks later, the plaintiff received a bill from the facility for the second implant in the amount of $983.78 , which was supposed to be free. The plaintiff contacted the facility and was told the bill was a bookkeeping error, according to the complaint.
- The facility sent another statement showing the balance for the second implant. The account was then placed with the defendant for collection.
- The defendant sent a collection letter to the plaintiff, seeking to collect $1,229.73.
- The plaintiff disputed the debt and in response, the defendant sent a detailed ledger of the plaintiff’s account.
- There was a charge of $399 that, when added to the $983.78, raised the balance to $1,229.73, but the statement appears to show that the $399 was removed by credit. The bottom of the statement lists the balance that was written off as $983.78.
The Claims: The plaintiff claims the defendant violated Sections 1692e, 1692e(2)(A), 1692e(10), and 1692g of the FDCPA by trying to collect an amount that exceeded the balance that was owed.
