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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 collection operation is being accused of violating the Fair Debt Collection Practices Act and forcing a single mother and her children into homelessness because of a negative entry that was allegedly mistakenly placed on her credit report, leaving her unable to be able to find a place to live.
The Background: The plaintiff’s lease was due to expire last November and the plaintiff began looking for a new place to live for her and her children. The plaintiff was “shocked” to learn that she was being turned down because she had a previous eviction on her credit report.
- The plaintiff learned that the defendant had furnished information to a credit reporting agency that she had been evicted from an apartment and owed $30,609 on the account.
- The plaintiff claimed never to have lived at the apartment complex in question and did not owe them any money.
- The plaintiff was not able to find a place to live and was forced to stay with a friend who let the plaintiff and her children live on their couch.
- Toward the end of December, the defendant “realized” what it had done and removed the collection item from the plaintiff’s credit report, according to the complaint.
The Claim: The defendant is accused of violating the FDCPA and state law in Florida because it allegedly did not perform any research prior to placing the false information on the plaintiff’s credit report. The furnishing of the information was an attempt to collect a debt that was not owed and the defendant allegedly made false representations in attempting to collect on the non-existent debt.
