Collector Files Motion to Have Plaintiff’s Attorney Disqualified

A company being sued for allegedly violating the Fair Debt Collection Practices Act has filed a motion seeking to have the plaintiff’s counsel disqualified and to have attorney’s fees awarded, accusing the counsel of contacting the company directly and asking questions about the type of business the company conducted and then denying she was affiliated with a law firm.

A copy of the motion in the case of Frock v. Davis, Davis & Associates can be accessed by clicking here.

The defendant is being sued for allegedly misrepresenting that it was an attorney and threatening legal action and to submit negative information to a credit reporting agency when it did not intend to take such actions, allegedly failing to disclose it was a debt collector when it left a voicemail, and allegedly failing to include a validation notice in two emails sent to the plaintiff to try and collect on the unpaid debts.

The original complaint was filed on October 20 in the District Court for the Middle District of Florida. In its motion, the defendant alleged that it received a call last week from a woman asking questions about what type of business the defendant was engaged in and whether the defendant had a website, among other questions. The Caller ID that appeared on the defendant’s phone was allegedly from a law firm that has advised the defendant’s counsel that it intends to file a notice to appear in this action. When asked by the individual who answered the phone at the defendant’s office whether the person calling was with a law firm, the caller allegedly denied she was affiliated with a law firm, according to the defendant’s motion.

Before it filed the motion, the defendant’s counsel contacted the plaintiff’s counsel, who confirmed that plaintiff’s counsel had contacted the defendant directly, according to the motion. The plaintiff’s counsel advised that a separate claim was being investigated for another client. “Without
explanation, Plaintiff’s Counsel believes, ‘There’s no basis for sanctions,’ ” according to the defendant’s motion.

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