Laura Schultz  |  March 31, 2015

Category: Consumer News

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Debt - HandAllied Interstate LLC has recently been hit with multiple Fair Debt Collection Practices Act (FDCPA) lawsuits.

Plaintiff Vivian W., a resident of Illinois filed a unfair debt collection lawsuit against Allied Interstate in January 2015. She alleges that she incurred a financial debt for approximately $5,700.

Allied Interstate either bought the debt or was employed by Vivian’s initial creditor to collect the debt. Vivian’s FDCPA lawsuit claims that in attempting to collect the debt Allied Insurance company sent an ambiguous demand letter that threatened actions that were illegal under the FDCPA. Vivian is seeking a jury trial and is asking for statutory damages, attorneys fees and any other damages the court sees fit to impose.

That same month, a separate unfair debt collection lawsuit was filed in a Florida Federal Court by plaintiff Lori T. of Florida, against Allied for violations of both the FDCPA and the Telephone Consumer Protection Act (TCPA).

According to the debt collection lawsuit, Allied called Lori on her cell phone on numerous occasions. Sometimes several times a day and on back to back days with a frequency that she claims reasonable people would find harassing.

Lori alleges that Allied Interstate LLC did not have consent to contact her, and the debt the company was attempting to recover was for a person unknown to her. Although Lori attempted on multiple occasions to have her number removed from the automated messaging service, the calls to her cell phone allegedly persisted, she claims in the unfair debt collection lawsuit.

According to Lori’s debt collecting lawsuit, between April 2014 and July 2014 Allied made approximately 50 calls to Lori’s cell phone, despite the fact that the company had been informed they had the wrong number.

The FDCPA lawsuit claims that Lori received approximately 30 automated voicemail messages from Allied regarding a debt of an individual unknown to her. Like Vivian’s FDCPA lawsuit, Lori is seeking statutory damages.

A third FDCPA lawsuit against Allied was filed this last January, in a Florida federal court by plaintiff Troy B., also a Florida resident. Troy’s FDCPA lawsuit alleges that in June 2014, he received a letter from Allied, deceptively stating they had been retained by T-Mobile to collect a debt.

Troy contacted T-Mobile and T-Mobile informed Troy that they had actually sold the debt to Allied. Troy’s unfair debt collection lawsuit claims that Allied Interstate also failed to send proper notices required under the FDCPA.

Furthermore, in July 2014 Troy allegedly gave notice to Allied Interstate that he was disputing the debt but the company failed to respond.

Although it is not illegal to collect debts, federal law requires debt collection agencies to follow specific procedures when contacting and attempting to collect from consumers. Statutory damages for violations of the FDCPA are $1,000 plus any actual damages a consumer may have suffered.

The FDCPA was enacted by congress in 1978 to prohibit debt collectors from engaging in abusive, deceptive, and unfair collections practices.

The Unfair Debt Collection Lawsuits referenced above are Case No. 1:15-cv-00520 filed in the U.S. District Court the Northern District of Illinois, Eastern Division; Case No. 5:15-cv-00033-MMH-PRL filed in the U.S. District Court with the Middle District of Florida, Ocala Division; and Case No. 6:15-cv-00082-GKS-DAB filed in the U.S. District Court with the Middle District of Florida.

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).

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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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