I usually don’t blog about current litigation for a number of reasons. Suffice it to say that this case that I am blogging about below is interesting enough to share with you. Moreover, I want you to know that collection agencies doing stupid, if not sleazy stuff, is almost common place. If you have any interaction with a collection agency, chances are that they will violate the Fair Debt Collection Practices Act. You could end up being a Plaintiff against the agency.
Ms. J contacted me complaining that her husband’s identity had been stolen a few years ago. Last year, when she and her husband went to purchase a house, Detroit Edison (DTE) had posted a debt to their credit report. They paid the debt and then contacted DTE to explain the problem. DTE promptly refunded their money. However, someone else had opened an account in Ms. J’s name. DTE placed this debt with a collection agency that I will call….for now….Bad Collection Agency (“BCA”). Ms. J faxed a police report to BCA and BCA promised to remove the debt. They did not do so. Ms. J called BCA for several months and received promises each time that the debt would be removed. It never was.
Finally, Ms. J called DTE to complain. DTE held a conference call with BCA and directed BCA to remove the debt. DTE also told Ms. J that BCA had not been its collection agency since 2004.
Today, I am suing BCA for violation of the Fair Debt Collection Practices Act. I am going to amend this complaint to include fraud and misrepresentation. If BCA does not settle this case soon, I intend to turn this case into a class action against BCA.
Moral of the story – I am a collection attorney and even I have no great love for collection agencies. I don’t like their methods or tactics. If you are contacted by a collection agency and feel offended by that contact, chances are the agency has violated the FDCPA. You can sue them for damages. I would be happy to help you.
