Amanda Antell  |  December 26, 2014

Category: Consumer News

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GC ServicesGC Services LP has been sued by Texas plaintiff Amy S. for allegedly violating the Federal Debt Collection Practices Act (FDCPA) by using illegal tactics to collect on an alleged consumer debt. Amy claims that this debt collecting company had repeatedly harassed her in order to collect a consumer debt allegedly accrued by the plaintiff, causing Amy severe anxiety over the ordeal.

According to the FDCPA lawsuit, GC Services had repeatedly attempted to collect the debt through aggressive automated telephone calls. The phone calls, in which the defendant left a voice mail to notify the plaintiff about the alleged debt, began around September 2014

In the voice mail, the plaintiff’s lawyers point out, the defendants failed to give the name of the company placing the call, failed to say that the call was placed by a debt collector, and failed to state the call was made to collect a debt. In the message, the GC Services representative instructed Amy to return the call to a designated number, which allegedly belonged to the defendant.

When it was revealed that the phone call was about an alleged consumer debt, Amy filed an FDCPA lawsuit against the company for violating multiple federal statutes. Amy’s legal counsel claims GC Services’ intent was to harass their client, and by withholding their identity until their client had returned the call, these actions qualify as a means of misrepresentation used specifically to collect the alleged debt. Additionally, the plaintiff’s lawyers state that GC Services either failed or refused to disclose the fact that the company was a debt collection agency to increase the chances of the plaintiff returning their phone call.

Amy brings five counts of FDCPA violations against GC Services in this FDCPA lawsuit, including harassment, omission of identity disclosure, false representation, deceptive collection practices, and failure by the defendant to disclose its identity as a debt collector to the plaintiff.

If the court finds GC Services violating federal regulations in this FDCPA lawsuit, then Amy may be entitled to receive $1,000 in statutory damages, plus any actual damages that she may have suffered from the illegal debt collection practices.

The FDCPA Lawsuit is  Case No. 3:14-cv-04138-M, in the U.S. District Court of Northern Texas, Dallas Division.

Overview of FDCPA Policy

While the American economy is steadily recovering, debt collection companies have still been persistently violating FDCPA policies to collect alleged debts from consumers.

The FDCPA was passed by Congress in 1978, in order to protect consumers from these unfair debt collection practices. While it has proved to be an effective method for a majority of companies, many debt collectors are still allegedly practicing illegal debt collection practices. Illegal debt collection tactics mentioned as FDCPA violations include, but not limited to:

  • False statements and deceptive practices
  • Threats of lawsuits or arrest
  • Telephone calls early in the morning or late at night
  • Communicating with third parties about your debt
  • Collection of expired debts
  • Attempts to collect debt that has already been discharged or settled
  • Improper debt collection after bankruptcy
  • Failing to cease communications upon a written request to do so
  • Reporting false information on your credit report

An increasing number of big banks, credit card companies, student loan companies, and even debt buyers are being named in FDCPA lawsuits. It is important to remember that debt collection itself is legal, but companies must follow strict federal regulations in order to maintain etiquette toward debtors. Under the FDCPA, debt collection harassment is generally defined as illegally contacting consumers who have asked them to cease communication.

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).

Get a Free Case Evaluation Now

DISCLAIMER: Debt collection itself is not illegal. However, debt collection firms collecting on consumer debts must adhere to the FDCPA. Even though debt attorneys are investigating these companies, their debt collection practices may be legal.

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One thought on GC Services Hit with FDCPA Lawsuit

  1. Cole says:

    I have a debt collector that continues to call the house say here name is Jaimie please give her a call at her number. Has not said the company or any other information she is representing. Calling 8 or 9 times a week. Is this illegal practice?

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