A federal judge in Washington state has sided with a consumer in denying a motion to dismiss an debt collection class action lawsuit against the collection agency, AllianceOne Receivables Management.
Plaintiff Margaret G. filed the illegal debt collection class action lawsuit against the collection agency AllianceOne for violations of the Fair Debt Collection Practices Act (FDCPA). The FDCPA class action lawsuit alleges that the debt collection agency participated in unfair debt collection practices by using false and misleading practices in the attempt to collect a debt.
According to the unfair debt collection class action lawsuit, Margaret bounced a check related to purchasing license plates and tags for an automobile. In 2012, Margaret moved to Washington state and registered her car, paying the state $90.25 with a check. In 2013, when she renewed the registration, she was told that the first check had been returned and that her account was now with the debt collection agency, AllianceOne.
Margaret contacted AllianceOne immediately and paid AllianceOne $98.77, which included an additional charge for allowed interest. But the collection agency informed her that she still owed “considerable more money for legal fees and costs.”
AllianceOne filed a debt collection class action lawsuit to recover the $710 it claimed it was owed for legal fees and costs. The company subsequently filed a motion for summary judgment that included an attached Notice of Dishonor of Check that was previously sent to Margaret that read: “You are also cautioned that law enforcement agencies may be provided with a copy of this notice of dishonor and the check drawn by you for the possibility of proceeding with criminal charges if you do not pay the amount of this check within 30 days after the date this letter is postmarked.”
Margaret filed an unfair debt collection class action lawsuit shortly thereafter claiming violations of the FDCPA that prohibit debt collectors from making claims that a consumer could be arrested or charged with a crime as a penalty for non-payment.
AllianceOne argued that the debt did not fall under the FDCPA because it was incurred in a transaction required by law.
U.S. District Judge Robert Bryan sided with Margaret, ruling that she had stated a claim under the FDCPA and allowed the case to proceed.
What is the Fair Debt Collection Practices Act?
In 1977, in response to a growing problem with abusive debt collection practices, the federal government enacted the Fair Debt Collection Practices Act. The objective of the FDCPA was to eliminate unfair debt collection practices by penalizing businesses that violated the regulations. In addition to imposing requirements on debt collectors, the FDCPA prohibited a variety of abusive collection practices.
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).
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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13 thoughts onAllianceOne Unfair Debt Collection Class Action Continues
Alliance has garnished wages taken my tax returns. They don’t update payments accurately in the system. Payment system doesn’t not communicate with other sources such as dmv, courts, i have overpaid on accounts and they still show I owe I have proof of overpayment. I have called went into the office of alliance requesting ledger of each account so I can see the deatailed payments I given they won’t give it to me. I requested it from the higher management they also deny to give me that, and won’t acknowledge my right to a detailed account ledger I have the right to know what payments I given to cross reference with my info. I left voicemail no returned call. I have overpaid over 1500.00 and still in collection with ca franchise 18 year later
I have a very long story with alliance one if a lawyer would like to contact me iv been dealing with these guys since about 2007 and they don’t stop and im sure I have a argument for a case ! ill be researching lawyers all week !
I got a traffic ticket in 2007 that was less than $500 I found out my license was suspended last yr and Alliance one is now trying to collect $5000! Because my license is suspended the 2 collectors I have spoken with would not take less than half to pay off and only $500 to start a payment plan. Like robots they do not follow and guidelines neither shared and disclaimers as collectors in negotiations to collect a debt. The stronghold Alliance one holds over debtors because they handle all court fines In western wa is outrageous. Nothing fair about there collectingpractices
My name is Daniel Gleason alliance one yesterday got into my checking account and took all my money,i have been in contact with them since April making monthly payments for a fine from seatac municipal Court on my license.they never told me nothing or sent me anything,when I would call in every month they would say I owed them for a series of courts which I’ve already paid,i wrote letters to every court in question in the past 3 Years and took care of the fines,i don’t see how they were able to get into my secure account and take my wife’s money and mine,i need help I want to counter sue them
I have a open account with them due to traffic fine, resulted license suspension. I called Alliance one, for the them to try and hound me on who I work for and bank with. When trying to set up a payment plan, they told me I had to get a letter ftom the place stating I no longer work there. The placed I worked at closed down..
alliance one has intercepted mine and my boyfriends tax returns and levied my bank account and neither one of us owe a dime to the courts. i have had a valid drivers lic for over 10 years and have been registering my vehicle for that long too. neither of us have ever received any letters or phone calls from alliance, the ftb or the court. my boyfriends dmv printout is clear. this is a scam and i dont know what to do about it.
I have been trying to contact these people forever I’ve left voicemails and still no return call.i spoke with someone before they said they close at 7:00pm but they will not answer.im trying to pay off a debt so that I don’t add interest rates but they won’t let me get thru to pay them.
Help,, they got an order from a judge to garnish my account for an unpaid ticket from Feb of 2008. Total was $925.00 and was able to overdraw my account with legal fees. All the while I make monthly payments of 200 a month. Really
I am experiencing a legal issue with Alliance One and would like to have my issue evaluated by an attorney.
We offer a submission form on our website for you to fill out if you are seeking class action legal help. Attorneys will then review your submission to determine if you have a case. If they feel you qualify, they will contact you directly. You can submit your information here: https://topclassactions.com/start-a-class-action/.
Alliance one has tried to collect debts paid directly to the Dept of Motor Vehicles in CA saying they were never notified it was paid. Their shoddy accounting and ability to go back far beyond what is allowed for collection of debts on traffic tickets, bounced checks and other items referred to CA courts is out of hand!…They need to be stopped put out of business and barred from ever doing business with state governments again! ….
Julie I would love to speak with you if you have any suggestions on ending my ongoing fiasco with Alliance One.
Can I join the cause to try to banned them from doing business in the government?