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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 class action in Florida for allegedly attempting to collect on a medical debt that was incurred when the plaintiff was hurt at work, which, under state law, is prohibited. The suit can serve as a timely reminder that in certain states, attempting to collect on debts incurred for workplace injuries is against the law.
The background: Back in April 2025, the plaintiff was injured at work. The following day, the plaintiff received medical care for treatment of the work injury, according to the complaint.
- The plaintiff informed the provider when seeking treatment that the injury occurred while at work, according to the complaint.
- The provider charged a fee for the service and attempted to collect on the debt from the plaintiff. At some point after that, the defendant began attempting to collect on the debt from the plaintiff.
- The plaintiff received a Model Validation Notice from the defendant in February attempting to collect on the debt.
- Upon receiving the notice from the defendant, the plaintiff “became visibly upset and emotionally distraught, ultimately having to sit” due to the “visceral reaction” to receiving the letter, according to the complaint.
- The plaintiff wasted more than two hours reviewing and reading the letter, “reeling in immediate response,” and trying to understand why she was being targeted for the wrongful collection activity, according to the complaint. She wasted 15 minutes deliberating what to do and wasted 30 minutes providing a copy of the letter to her worker’s compensation attorney.
- Receiving the letter caused the plaintiff to lose sleep at night on at least three separate occasions, “lying awake worrying about potential credit damage, wage garnishment, and further collection activity,” according to the complaint.
The claims: The complaint accuses the defendant of violating Section 1692e and 1692e(2)(A) of the FDCPA for attempting to collect on a debt for which the plaintiff was not liable or otherwise responsible.
- The suit seeks to include anyone else living in Florida who received a communication from the defendant, including letters, emails, and text messages, in an attempt to collect on a consumer debt that arose from medical treatment for a workplace injury.
