McAtee Debt Collection Class Action Alleges FDCPA Violations

A recently filed class action alleges that an Alabama debt collector violated federal law in the course of their activities.

According to the lawsuit, McAtee P.C. attempted to obtain an alleged debt from plaintiff Eddie McDonald of Mobile, Ala. yet failed to provide disclosure information required under the Fair Debt Collection Practices Act.

The passage in dispute comes from the initial collection letter that allegedly states: “If the original creditor is different from the creditor listed above, upon your request, we will provide you with the name and address of the original creditor.”

The text of the complaint holds that the way the initial disclosures were phrased, they could lead to misunderstandings, and that “such a misunderstanding could lead the least-sophisticated consumer to waive or otherwise not properly vindicate her rights under the FDCPA.”

The McAtee debt collection lawsuit states that by not explaining that such a request had to be in writing—per the FDCPA—it may have deceived consumers into believing that verbal requests would satisfy the requirements, possibly causing consumers to inadvertently waive their rights to information regarding the original debt.

“The harm suffered by Plaintiff is particularized in that the violative initial debt collection letter at issue was sent to him personally, regarded his personal alleged debt, and materially misstated his validation rights under the FDCPA,” the lawsuit alleges.

The debt collection lawsuit also states that McAtee didn’t explain if the debt was static or may increase over time which could also cause misunderstandings.

“In order to avoid confusion as to whether an alleged debt may increase due to interest or fees, the debt collector must notify the consumer that the amount of the debt stated in the letter will increase over time, or, that the holder of the debt will accept payment of the amount set forth in full satisfaction of the debt if payment is made by a specified date,” the lawsuit claims.

According to the debt collection lawsuit, more than one-third of the complaints filed with the Consumer Financial Protection Bureau involve alleged misconduct at the hands of debt collectors.

This McAtee Debt Collection lawsuit could potentially include anyone who has faced similar conduct at the hands of McAtee.

McDonald is seeking to recoup attorney fees and statutory damages allowed under the FDCPA.

The exact number of potential Class Members is currently unknown, and will not be known until the discovery phase of the lawsuit, when business records may be obtained by the plaintiff’s legal team.

At present, the McAtee Debt Collection lawsuit requires plaintiffs to have an Alabama address.

The plaintiff is represented by Gina DeRosier Greenwald of Greenwood Davidson PLLC.

The McAtee Debt Collection Class Action Lawsuit is Eddie McDonald v. Gregory B. McAtee P.C., et al., Civil Action No. 16-347, in the U.S. District Court for the Southern District of Alabama.