A California resident has filed an illegal debt collection lawsuit against debt collection agency United Debt Holdings LLC for violations of the Fair Debt Collection Practices Act (FDCPA).
The FDCPA lawsuit alleges that the debt collection agency participated in unlawful debt collection practices by using misleading and deceptive practices in the attempt to collect a debt.
Plaintiff Mandy K. alleges in the debt collection lawsuit that United Debt used malicious and illegal tactics to collect a $315.00 debt, causing her severe stress.
According to the illegal debt collection practices lawsuit, United Debt threatened on more than one occasion to arrest her unless she paid $1,000. She also claims at least two representatives of the debt collection agency failed to disclose they were in fact debt collectors, instead stating they were “mediators for an attorney” assigned to her case, which violates the Rosenthal Act.
Furthermore, she claims that United Debt behaved in a harassing, oppressive, and abusive manner, in direct violation of FDCPA guidelines.
Mandy also alleges that United Debt used false and deceptive means to collect a debt by misleading her to believe they were working with law enforcement and would come to her house to arrest her.
According to her debt collection lawsuit, this conduct violates FDCPA laws as a debt collector is forbidden from using false, deceptive, or misleading representation or means in connection with the collection of a debt.
What is the Fair Debt Collection Practices Act (FDCPA)?
In 1977, in response to a growing problem with abusive debt collection practices, the federal government enacted the Fair Debt Collection Practices Act (FDCPA). The objective of the FDCPA was to eliminate abusive 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, including any communication with a debtor after he/she has retained an attorney, the use of profane or obscene language, misrepresentation and deceit, and incessant calls.
More importantly, the FDCPA gave aggrieved consumers a legal cause-of-action to seek damages in court. Under the FDCPA, if a collector is proven to have violated one of the provisions, a consumer need not prove actual damages in order to recover up to $1,000 in damages plus reasonable attorney fees.
What is the Rosenthal Act?
The California Rosenthal Act incorporated many of the provisions of the FDCPA, including those dealing with false misrepresentations, threats, harassment and unwarranted communications with persons other than the actual debtor.
Unlike the FDCPA however, the Rosenthal Act’s expansive definition of “debt collector” includes anyone “who, in the ordinary course of business, regularly, on behalf of himself or herself or others, engages in debt collection.”
The significance of this is two-fold. First, California residents are afforded double protection under the Rosenthal Act and the FDCPA. Second, and perhaps most importantly, the Rosenthal Act extends to collection agencies, original creditors and repossession agencies.
Mandy is seeking all actual and statutory damages for United Debt Holding’s alleged violation of the FDPCA and the Rosenthal Act as well as all reasonable court costs. She has demanded a jury trial for this case.
The United Debt Holdings FDCPA Debt Collection Lawsuit is Case No. 1:14-cv-01815-AWI-GSA, in the U.S. District Court for the Eastern District of California.
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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2 thoughts onUnited Debt Holdings Facing Unfair Debt Collection Lawsuit
United harassed me, too. Said they’d come to my place of employment and/or put me in jail if I didn’t pay them. I had to Western Union a payment. Took care of this in 2014-now they’ve frozen my accounts again! They are some of the most incompetent, illegal people EVER! So frustrated!
I took out a loan from check n go., I personally felt interest for the money that I borrowed was high. Anyways I got the trouble couple months later I default on the loan and a few months later I got a call from A debt collection agency a.k.a. special investigator Robinson .. He left a very disturbing message on my phone. I called check n go they forward me to a company called United that holdings I spoke to woman Carrie and told her I been getting certain calls coming in about regarding my check and go loan she said she couldn’t find my account and give me Darren Turco’s ext . I spoke to Darren he was very rude and arrogant said he bought billions of dollars in debt and I should pay my bill. I said that’s fine but who owns he won’t disclose that information!! Then he gave me a 1888 number and hung up! I called it the number ask for Robinson and they that I have the wrong number so I just left that alone then I started getting messages from two different collection agencies in regards to my account… How is a company you UDH in charge of my debt? What is the procedures of handling these accounts apparently my account has been double sold I did a lot of research on you UDH and found out they’re just a bunch of scumbags that buy debt and double sell accounts… If anybody could give me advice I’m all ears?