A plaintiff in Texas has filed a lawsuit against a debt collector, claiming it violated the Fair Debt Collection Practices Act and Regulation F by allegedly reporting a debt to the credit reporting agencies that had already been paid in full.
A copy of the complaint in the case of Jaramillo v. National Credit Systems can be accessed by clicking here.
The plaintiff leased an apartment and moved out in January 2017. There was an unpaid balance on his account, and it was placed with the defendant in March 2017, according to the complaint. The defendant reported the debt as past-due and in collections. A year later, the plaintiff went to the apartment complex and paid full unpaid balance on his account to the property manager. The property manager provided the plaintiff with a letter stating the balance had been paid. Last year, the plaintiff send proof of the payment to the defendant. Last November, the defendant sent the plaintiff a letter saying that it had investigated the disputed but had “yet to find sufficient evidence to validate” the claims.
In December, the plaintiff obtained copies of his credit report and saw that the debt was still being reported as past due and in collections, according to the complaint.
The plaintiff is accusing the defendant of violating Section 1692e, 1692e(2), 1692e(8), and 1692e(10) of the FDCPA by making false, deceptive, and misleading representations, and that it allegedly violated Section 1006.18(b)(2) of Regulation F by falsely representing the character, amount, or legal status of a debt.