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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.
Collecting on a probate account is a lot different than collecting on a regular account. Probate often requires an even softer touch than regular collections, since the collector is dealing with a relative of the deceased who is obviously going through some emotional turmoil. A collection operation is facing a Fair Debt Collection Practices Act case because a collector allegedly chose to insult the grandson of the deceased, who was acting as his grandmother’s power of attorney.
The Background: The plaintiff received a call from a representative of the defendant, who, during the call, allegedly called the plaintiff a “deadbeat,” and told the plaintiff that he “sucked” as a POA (power of attorney).
- The plaintiff allegedly asked the defendant to cease communications, but the defendant continued to call and leave voice messages for the plaintiff, according to the report. One message, left in December 2022, purportedly said:
- Yes, I’m looking for Matt Hillburn. Mr. Hillburn, Jeffrey Allen calling on behalf of my client at Kensington at Hastings regarding the account of Andrea Fisher. You’re failing miserably as a power of attorney and you’ve not communicated, you’ve ignored literally over half a dozen messages, and my client has still not been compensated for the care of Andrea. My number again, 1-800-328-8123, case 403333.
The Complaint: The complaint accuses the defendant of violating Sections 1692b, 1692b(1), 1692b(2), and 1692b(3) by communicating with individuals other than the consumer and informing the individual about his grandmother’s debt.
- The defendant is also accused of violating Section 1692d and some of its subsections, 1692e and some of its subsections, 1692f, and 1692g(b) of the FDCPA. The complaint also accuses the defendant of violating the 7-in-7 calling provisions of Regulation F.
