Mass. Consumer Files Unfair Debt Collection Lawsuit

A Massachusetts woman filed an unfair debt collection lawsuit against Atlantic Credit and Finance Inc. for allegedly practicing illegal debt collecting methods, which caused her to live in fear and embarrassment.

Plaintiff Mary O. alleges that Atlantic Credit was willing to do anything to collect the debt she owed, even if it meant violating the Federal Debt Collection Practices Act (FDCPA).

According to the FDCPA lawsuit, Mary had borrowed money from Citibank to pay for family, personal, and household expenses. Her debt was then purchased by the defendant, thus transferring her alleged debt to Atlantic Credit. Ever since Atlantic Credit took control of the debt, the company has allegedly engaged in abusive debt collecting practices, including taking legal action against Mary.

Within the last year, Atlantic Credit had contacted Mary and her husband numerous times, attempting to collect the debt. The defendant made six calls to the Mary’s cellphone and land line from Nov. 13-14, 2014, where the alleged debt collection harassment took place.

During this conversation, the Atlantic debt collector had allegedly yelled at the plaintiff “why did you get behind,” and had threatened to sue her if she did not pay off her debt. The defendant did send a notification letter to the plaintiff informing her of the debt on Nov. 3, 2014, which would have given Mary the legal right to dispute the debt within 30 days after receiving the initial letter.

However, Atlantic Credit allegedly contacted Mary before the 30 days ended, and denied her the right to dispute it, which is a direct violation of the FDCPA. Under the FDCPA, the defendant had engaged in conduct that was meant to harass or annoy Mary, which caused her humiliation, anxiety, emotional distress, and embarrassment.

In general, Atlantic Credit had engaged in this alleged misconduct that is causing Mary and husband to suffer continuously. So for allegedly violating the FDCPA, Mary is suing Atlantic Credit for harassment and other emotional damages.

This Debt Collection Lawsuit is Case No. 3:15-cv-30018-MGM, in the U.S. District Court for the District of Massachusetts.

Overview of FDCPA Violations

Every day, millions of consumers allegedly face harassment from debt collection agencies that are trying to collect on the loans. While legal experts encourage consumers to try and stay ahead of their debts, they also want consumers to be aware that they have rights and that they could possibly combat these alleged debts. If a debt collector engages in particularly aggressive behavior like harassment or threats, consumers could possibly have a FDCPA lawsuit.

The FDCPA was passed by Congress in 1978, in order to help American consumers fight unfair debt collection tactics, used by collection agencies and debt collectors. While it is perfectly legal for companies to collect consumer debts owed to them, certain laws are in place to insure the validity of the debt and to give the consumers the ability to challenge the creditors on the alleged debt. Despite these debt collection laws, many debt collection companies often engage in illegal debt collecting practices to collect from these consumers.

Across the country, each state has adapted its own variations of the FDCPA to regulate debt collectors and creditors like banks, credit card companies, and other finance companies. If a debt collector or creditor is found to be in violation of the FDCPA, the consumer could be entitled to $1,000 in statutory damages, plus any actual damages they may have suffered.

Violations against the FDCPA include, but are not limited to:

• Threats of legal action or arrest
• Abusive language
• Threatening or deceptive debt collection letters
• Early morning or late night telephone calls
• Robocalls to cell phone or land line
• Communicating with third parties regarding the debt
• Trying to collect expired debts
• Attempt to collect a settled or discharged debt
• Attempting to collect a debt the consumer does not owe
• Ignoring or failing requests of ceasing contact from the consumer
• Reporting false information on the consumer’s credit report

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.