Illinois Woman Claims Unfair Debt Collection Practices Caused Emotional Distress

An Illinois consumer recently filed a lawsuit against a debt collection agency, alleging that the company used unfair debt collection methods in an attempt to force her to pay her debt.

Plaintiff Susana E. recently filed this unfair debt collection lawsuit against Midland Funding LLC and Blitt & Gaines PC, alleging that they inflicted emotional distress by engaging in unethical debt collection practices including misrepresentation of debt.

Susana says she previously incurred a debt which she owed to Citibank NA. The debt was then transferred to Midland for collection purposes. In October 2015, Midland sued Susana through Blitt & Gaines, seeking $4,131.84 plus costs for the defaulted debt.

In February 2017, Susana claims she entered into a voluntary payment plan under which she would pay $3,960 in $110 monthly installments. This resolved the lawsuit, and Susana proceeded to pay according to the payment plan. She says her payments were occasionally late by a few days but she never fell behind on payments.

“At no time did Midland, or Blitt, object to Plaintiff’s late payments, declare Plaintiff was in default of the payment plan, refuse to accept Plaintiff’s payments, or otherwise state the payment plan was no longer valid,” the Illinois unfair debt collection lawsuit states.

Unfair Debt Collection Claims

In May 2018, Susana made her scheduled monthly payment of $110. Days later, Blitt filed a motion for reinstatement and for judgement in the previously dismissed lawsuit. In the statement, Midland claimed that the last payment received had been on April 10, 2018, and that there was a remaining balance of $4,351.81 on Susana’s account.

Susana claims that these statements are false and constitute unfair debt collection practices. Her last payment had been on May 11, 2018, instead of the stated April date. Additionally, Susana argues that she had been making payments under her payment plan and that there was not $4,351.81 due as Midland claimed.

The actions of Midland and Blitt & Gaines allegedly violated debt collection laws, including the Fair Debt Collection Practices Act (FDCPA). Susana argues that the misrepresentation of debts and payment status violates the false or misleading representations statute of the act. She also claims that the general deception and infliction of emotion distress violates the unfair practices statue of the act.

“Defendants violated [FDCPA] when they sought to collect $4,354.84 from Plaintiff, since Plaintiff had paid more than $1,430 on the debt since the order had been in place, and the amount Defendants sought was an inflated amount that they were not legally entitled to,” argues her Illinois unfair debt collection lawsuit.

These misrepresentations were allegedly made in attempt to harass Susana and make her pay her debt. Susana claims that Midland’s unfair debt collection practices caused her emotional distress, anxiety, and fear because they sought to collect money she didn’t owe and pressure her through legal action.

The Illinois unfair debt collection lawsuit seeks actual damages, statutory damages, court costs, and attorneys’ fees.

The Illinois Unfair Debt Collection Lawsuit is Case No. 1:18-cv-05974 in the United States District Court for the Northern District of Illinois.

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If you’ve been hit with 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.