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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 after a representative allegedly threatened and cursed at the plaintiff and artificially raised the balance of the debt when the plaintiff protested the behavior, according to a copy of the complaint. The plaintiff was contacted in October 2023 and then waited almost a year to the day to file the suit despite being called some really not nice names.
The background: The plaintiff was contacted by the defendant in October 2023 and asked for an explanation of the debt and written documentation to prove she was responsible for the balance of $7,700. The plaintiff was told she would need to send the request via email and did so, according to the complaint.
- The plaintiff was later contacted by a representative who called to try and collect on the unpaid balance. The representative allegedly said that the defendant was going to take “more severe action” if the debt was not paid by 5pm that day. The plaintiff said she had spoken with a supervisor and was waiting for the paperwork she had requested.
- It was at this point that the representative threatened and cursed at the plaintiff, calling her some very not nice words while also stating the balance had increased to $13,000, according to the complaint.
- The plaintiff hung up and called back to speak with a supervisor, who told the plaintiff the original amount of the debt was $3,259 but that it had increased by 50% because of the plaintiff’s “negligence,” according to the complaint.
- The supervisor allegedly told the plaintiff that the defendant had an attorney looking for judgment information and that the plaintiff’s wages would be garnished instead of accepting a payment plan.
- The plaintiff never received the documentation she requested.
[EDITOR’S NOTE: I went and did a quick check of the Consumer Financial Protection Bureau’s complaint database to see if there was a complaint filed regarding this incident, thinking that something this egregious would be complained about, but I was unable to find anything that looked like it was related.]
The claims: The defendant is accused of violating Sections 1692d and 1692e of the FDCPA by harassing the plaintiff using obscene and profane language and by imposing false time restraints and making false threats of legal action.
