FDCPA Lawsuit Says Glass Mountain Capital Pursued Debt After Wisconsin Man Filed Bankruptcy

An FDCPA lawsuit says Glass Mountain Capital, a debt collection agency that collects debts originally owed to third parties, unlawfully tried to collect a debt owed after a debtor filed bankruptcy, violating the Fair Debt Collection Practices Act.

Plaintiff Kalvin M. says that he filed bankruptcy on or around May 10, 2018, in the Eastern District of Wisconsin. He claims that since he filed bankruptcy, Glass Mountain Capital has attempted to contact him to collect a debt the company claims he owes. According to Kalvin, this action is unlawful, because filing for bankruptcy barred others from attempting to collect debts he owed.

Kalvin says that Glass Mountain Capital attempted numerous times to collect a debt from him. He says he notified the company about his bankruptcy and provided relevant information to the company and their collection agents.

So, based on the fact that he allegedly notified Glass Mountain that the had filed for bankruptcy, he says that the company knew or should have known that based on debt collection law, they were barred from attempting to collect a debt from Kalvin, but attempted to do so nonetheless.

Additionally, Kalvin claims that he told Glass Mountain during the company’s attempts to collect a debt owed by him that he had hired a lawyer to represent him in bankruptcy. Kalvin says that he notified Glass Mountain that the lawyer had filed bankruptcy on his behalf.

In his Wisconsin FDCPA violation lawsuit, Kalvin goes on to argue that Glass Mountain also violated debt collection law by contacting Kevin directly even though they knew that he was represented by a lawyer, which is prohibited by the FDCPA.

The Wisconsin FDCPA violation lawsuit also alleges that Glass Mountain’s efforts to contact Kalvin, despite their alleged knowledge of his bankruptcy, constitutes a violation of other parts of the FDCPA. Allegedly, the company’s contact of Kalvin, when they knew he had filed bankruptcy, violated the clause in the FDCPA that prohibits a debt collector from making a “false representation about the amount of debt owed, which they did when they tried to collect on an amount included in a bankruptcy.”

Additionally, the Glass Mountain Capital debt collection lawsuit says that Glass Mountain violated the FDCPA by using false and deceptive means to collect a debt owed to them. Allegedly, they did this by communicating to Kalvin that he still owed a debt. However, contends the lawsuit, he did not because he had filed bankruptcy. The Wisconsin debt collection lawsuit says that the company also violated the FCDPA by attempting to collect a debt that it was not authorized to collect.

Kalvin says that he suffered concrete injury from Glass Mountain Capital’s attempt to collect a debt because it caused him anger, anxiety, emotional distress, humiliation, and other negative emotions. He attempts to seek damages from the company as compensation for his injuries, and seeks punitive violations for the company’s alleged FDCPA violations.

The Glass Mountain Capital FDCPA Violation Debt Collection Lawsuit is Case No. 2:18-cv-01327-NJ, in the U.S. District Court for the Eastern District of Wisconsin, Milwaukee Division.

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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.