Ohio Woman Sues Debt Collectors for FDCPA Violations

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With mounting credit card and mortgage debts that are going unpaid, debt collectors have their hands full. Some, to expedite collections, get aggressive in their methods, including reports of their using illegal debt collection practices. The latest complaint comes from plaintiff Natalie Wilson against Enhanced Recovery Company, Mark Thompson, and Kirk Moquin for violations of the Fair Debt Collection Practices Act (FDCPA).

Wilson states that within the last year, Thompson and Moquin (Defendants), employees of Enhanced Recovery Company, began calling her on her cell phone for the “purpose of attempting to collect an alleged debt.” They called her “excessively,” and when she told them to stop calling her, they said, “We don’t have to stop calling you.” The defendants “also threatened to have a warrant issued for Ms. Wilson’s arrest.”

Wilson goes on to claim that not only did they keep calling, the defendants also refused her requests to speak to a supervisor and “misrepresented facts related to the alleged debt (such as the nature, its ownership, and amount of the debt) and their intentions with respect thereto.” Their harassment, alleges Wilson, violates the FDCPA on multiple levels.

She is suing the defendants for FDCPA violations, CSPA violations and Telephone Consumer Protection Act violations. With requests for redress for each action, Wilson has requested a jury trial. She is asking the Court and jury to consider awards for “ actual damages in an amount to be proven at trial, including for emotional distress, annoyance, aggravation, loss of reputation, embarrassment, damage to credit, depression, anxiety, sleep deprivation, loss of appetite, and associated physical ailments.”

The Unfair Debt Collection Lawsuit is Natalie Wilson v. Enhanced Recovery Company, et al., Case No. 1:14-cv-632, in the U.S. District Court for the Southern District of Ohio, Western Division.

Protecting People from Harassment

There are numerous consumer protection acts in place to protect individuals from harassment, whether that be from other individuals or businesses. The Telephone Consumer Protection Act and the Fair Debt Collection Practices Act (FDCPA) are two such laws. The FDCPA was approved in 1977 as an amendment to the Consumer Credit Protection Act.

The purpose of the FDCPA is “to eliminate abusive practices in the collection of consumer debts, to promote fair debt collection, and to provide consumers with an avenue for disputing and obtaining validation of debt information in order to ensure the information’s accuracy.” It not only defines the rights of consumers, it also supplies guidelines for how debt collectors run their businesses.

Some things the FDCPA protect people from are failure to cease communication upon request, bothering consumers at their workplace after being informed that it is unacceptable or prohibited by employers, misrepresenting the debt or using deception to collect it, or threatening arrest or legal action. Millions of consumers have suffered financial and emotional hardship from violations of the FDCPA. They need to learn they have legal rights.

Join a Free Unfair Debt Collection Class Action Lawsuit Investigation

If a lender or debt collector engaged in unfair debt collection practices, you may have a legal claim and could be owed compensation for violations of the Fair Debt Collection Practices Act (FDCPA).