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Plaintiff Alleges Agency Collected Without License in Class Action Suit

A Connecticut-based collection agency is the subject of a class-action lawsuit for allegedly attempting to collect debts in Massachusetts without a license.

A plaintiff, Robin Ray, filed the lawsuit against Atlantic Collection Agency yesterday in a federal court in Massachusetts. A copy of the complaint can be accessed by clicking here.

The plaintiff claims the defendant had an account placed with it related to an unpaid debt owed by his deceased wife in the amount of $71.57. The defendant sent a collection letter to the plaintiff’s home and began calling the plaintiff’s cell phone, leaving messages for the plaintiff’s deceased wife. After receiving seven voicemail messages, the plaintiff called the defendant and informed a representative that his wife had passed away and that he was not liable for the debt. The representative said he did not believe the plaintiff and that payment should still be made, according to the complaint.

The plaintiff called the president of the agency the following day, attempting to inform him that his wife had passed away. The plaintiff also informed the defendant that he knew the company was not licensed to collect in Massachusetts. The president became combative, according to the complaint, so the plaintiff hung up.

The complaint alleges violations of the Fair Debt Collection Practices Act, specifically Sections 1692e(5), 1692e(10), 1692d(1), and 1692d, as well as the Massachusetts Debt Collection Practices Act, which requires collection agencies obtain a license from the Massachusetts Division of Banks when collecting on unpaid debts in the Bay State. The plaintiff is seeking to include every individual from Massachusetts who was subject to a collection action by the defendant.

 

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