PHILADELPHIA – A man has filed a lawsuit against a New Jersey law firm, claiming it is strictly liable and intentionally misrepresented its involvement in a debt collection matter related to his account.
Markeith D. Brown of Philadelphia filed suit on Feb. 1 in the Philadelphia County Court of Common Pleas, against The Law Offices of Hayt Hayt & Landau of Eatontown, N.J.
On Oct. 6, 2016, defendant sent plaintiff a form collection letter in an attempt to collect a consumer debt allegedly incurred to Capital One Bank. The debt was supposedly for personal, family or household use. The letter implied a lawyer “reviewed the file, made appropriate inquiry, and has exercised professional judgment in the sending of the letter. There was no such involvement.”
In reality and unbeknownst to the consumer, according to the plaintiff, the defendant sent the letter in its capacity as a debt collector and not as an actual law firm.
“Hayt’s collection letter falsely implies the collection of the account has been escalated by the hiring of a law firm to take steps, including a lawsuit, to collect the account,” the suit says.
Brown adds the defendant intentionally misrepresented legal involvement in his case in order to follow through on collecting the debt, in violation of the tenets of the Fair Debt Collection Practices Act (FDCPA).
The plaintiff is seeking unspecified damages, attorney’s fees and costs.
The plaintiffs are represented by Cary L. Flitter, Andrew M. Milz and Michelle L. Reinhart of Flitter Milz, in Narberth.
Philadelphia County Court of Common Pleas case 170104528
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com