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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 because one of its representatives allegedly told the plaintiff during a call that the debt in question would stay on the plaintiff’s credit report until it was paid off and not until it was removed after seven years as mandated by the Fair Credit Reporting Act.
The Background: The plaintiff noticed that the subject debt was being reported to her credit report and contacted the defendant to “gain information,” according to the complaint. During the course of the conversation, the representative of the defendant allegedly informed the plaintiff that the debt would remain on her credit report until it was paid off.
- The FCRA mandates that consumer credit information may only be reported for seven years after the date of first delinquency, the plaintiff alleged in her complaint.
- Therefore, that made the defendant’s statement false and misleading because it implied that the account would be reported to the plaintiff’s credit report longer than was mandated by the FCRA.
- The representative also allegedly informed the plaintiff that if she made a payment on the debt, she would incur a processing fee.
- The defendant’s actions caused the plaintiff to spend time away from work and the activities of daily living so she could confer with her attorney and caused her anxiety and worry, according to the complaint.
The Claims: The complaint accuses the defendant of violating Sections 1692e, 1692e(2)(A), 1692e(5), 1692e(8), 1692e(10), 1692f, and 1692f(1) of the FDCPA along with violating the Georgia Fair Business Practices Act.
