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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 facing a Fair Debt Collection Practices Act lawsuit in Texas because it allegedly refused to accept a dispute from the plaintiff.
The Background: Last July, the plaintiff and a representative of the defendant had a telephone conversation regarding a medical debt allegedly owed by the plaintiff.
- During the call, the plaintiff allegedly stated that she wished to dispute the debt.
- According to the complaint, the representative told the plaintiff that the debt was invalid. There is nothing in the complaint in the way of additional details, such as why the representative said the debt was invalid.
- By not accepting the dispute, the plaintiff suffered damages in the way of lost time and attorneys’ fees that were paid in advance regarding her situation.
- The plaintiff has standing to sue because she has a defined right to receive all communications from a debt collector that are free from any misrepresentation and false threats.
The Claims: The complaint accuses the defendant of violating Section 1692e(10) of the FDCPA by using false representations or deceptive means to attempt to collect on a debt.
- The complaint also accuses the defendant of violating Section 1692d of the FDCPA because it allegedly shamed, harassed, and embarrassed the plaintiff when it misrepresented the alleged debt status.
- The complaint also accuses the defendant of violating Section 1692f of the FDCPA by using unfair and unconscionable means to attempt to collect on a debt by making deceptive and misleading statements.
