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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 lawsuit because it allegedly left messages for the plaintiff and his wife threatening to file a complaint against the plaintiff the day after the messages were left, while also allegedly “belittling” the plaintiff’s wife when a representative of the defendant insinuated that the plaintiff “fraudulently borrowed the money behind his wife’s back and that she was now in some sort of legal trouble,” according to the complaint.
A copy of the complaint, filed in the District Court for the Western District of Washington, can be accessed using case number 23-cv-01098 or by clicking here.
The complaint alleges the plaintiff’s wife received a “disturbing telephone call” from the defendant and that the message stated:
Yes. Hello and good morning, Elena Dale. Uh, this is John Underwood, ma’am, with the offices of NCG and I’m getting ahold of you here, ma’am, because your name and number came up listed as a relative person of interest or a relevant point of contact, as well as sharing the same home address with a person that we are trying to get some important information to, uh, about a time sensitive complaint that we are scheduled to sign-off on tomorrow at the close of business. I believe it’s for your husband, Mr. Evan Dale. If you could pass our information along to Mr. Dale, have him get in contact with us immediately, there is an opportunity for us to notify him of what’s going on here, possibly get this situation resolved, but there is nothing we can do on our end if we do not speak with him directly ahead of that deadline again scheduled for tomorrow. Uh, so again, he would need to return our call if he does want some kind of say in this, uh, before that deadline tomorrow. John Underwood, NCG 716-314-1943. Any help you can give us, ma’am, as far as getting the information to Evan Dale in a timely fashion, we would not only appreciate that, but I’m sure he would as well given the gravity and the time sensitive nature again of the matter we are scheduled to sign-off on tomorrow at the close of business, uh, which would be June, uh, Thursday, June the 22nd, and it would be at 2:00 PM Pacific Standard time. Thanks for the help, ma’am. Have a good day. Bye-bye.
The plaintiff’s wife contacted the defendant and was allegedly told that situations like this “happens to spouses all the time,” according to the complaint.
The plaintiff also allegedly received a voicemail from the defendant, which said:
Yes. Hello and good morning Mr. Evan Dale. This is Mr. John Underwood, sir, and I’m contacting you from the offices of NCG and I’m getting a hold of you here, sir, in regards to giving you final notification as well as providing due diligence on behalf of a client of ours in relation to a complaint, uh, that was placed here in this office. It does pertain to yourself that we are scheduled to sign-off on and is more importantly attached to your social security number. You can reach me directly in relation to this at 716-314-1943. This is again, a time sensitive issue so the sooner you do get in contact with us, the better, uh, ahead of our deadline for signing-off on this particular matter, which has been slated for tomorrow, Thursday, June the 22nd at close of business 2:00 PM Pacific Standard time here until 2:00 PM today as well. But again, I do need to stress to you the urgency of getting back in contact with me as soon as you do receive this, as the more time we do have to discuss a resolution ahead of that sign-off date tomorrow, obviously the better. Hopefully we do speak with you before then. Have a good day. Bye-bye.
The complaint alleges that a least sophisticated consumer would believe that he or she would be sued on the account the next day if the message was not returned immediately or that the individual would be prosecuted criminally, according to the complaint.
The complaint alleges the defendant violated Sections 1692d, 1692e, 1692f, and 1692g of the FDCPA, along with Washington state law.