Illinois Man Says Collector Ignored His Attempt to Dispute a Debt

Nationwide Credit & Collection, Inc. faces a debtor’s rights lawsuit over allegations that the company violated the Federal Debt Collection Practices Act (FDCPA). This law limits the behavior and actions of third-party debt collectors once the debtor begins to dispute a debt.

Plaintiff Antonio J. files the lawsuit in Illinois federal court. The lawsuit was filed on May 9, 2018. Antonio demands a trial by jury.

According to his FDCPA lawsuit, Antonio is a resident of Illinois from whom Nationwide attempted to collect on a delinquent account for a defaulted Loyola University Health System medical account. Antonio says that the alleged debt had gone into default because he was unable to pay any debts.

Nonetheless, Antonio says that he consulted with attorneys and submitted a letter to Nationwide stating that the amount of the debt was inaccurate, and that he intended to dispute a debt. Moreover, after receiving the dispute, Nationwide also failed to communicate that the alleged debt was disputed after communicating information to Experian about Antonio’s alleged debt.

According to the FDCPA lawsuit, “Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed…” is a violation of FDCPA regulation.

The claim was filed on a count of violation of the Fair Debt Collection Practices Act.

Overview: Federal Debt Collection Practices Act (FDCPA)

Millions of people have been victims of violations of FDCPA debt collection laws set in place to help protect individuals from abusive and unethical debt collection practices. The law was enacted in 1978 and helps restrain and prohibit harassment and other unfair debt collection practices committed by third party debt collectors.

Debt collectors are required to follow several rules and regulations set forth by the FDCPA. Some limitations may include:

• Harassment
• Making threats
• Calling at inconvenient times of the day, or calling too often
• Adding collection charges and fees to your debt
• Sending confusing letters
• Communicating with third parties about your debt
• Making robo-calls
• Collecting on old debts

Through the FDCPA there are many other rules and regulations that must be abided. For example, through the collection of old debts, debt Collectors may not sue or threaten to file suit on debts that have been time-barred by threatening litigation. There are also unable to submit improper reports to credit agencies, and are limited in what they can or cannot report.

Other rules require them to follow any written requests made by a debtor for the cessation of communication. Any written cease and desist requests must be followed and can be a violation of the FDCPA. Debtors have the right to dispute a debt, and they are entitled to certain protections once they begin the dispute.

Through the FDCPA, debt collectors are prohibited from using abusive or violent language, moreover. Some other violations and illegal practices include the attempt to collect a debt that is not owed, misrepresenting the debt amount, mailing or sending out confusing letters, and lying about being government representatives or debt attorneys.

The Illinois Disputed Debt Lawsuit is Case No. 1:18-cv-03320, in the U.S. District Court for the Northern District of Illinois, Eastern Division.

Join a Free Unfair Collection Practices Class Action Lawsuit Investigation

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.