PHILADELPHIA – A Philadelphia plaintiff has initiated legal action versus a San Diego firm which allegedly sought to satisfy a credit card debt claim against him in an unlawful fashion, while supposedly committing both defamation and abuse of process against him.
John Waddington of Philadelphia filed suit in the Philadelphia County Court of Common Pleas on Aug. 24 versus Midland Funding, LLC, Midland Credit Management, Inc. and Encore Capital Group, Inc., all of San Diego.
The defendants filed a statement of claim against Waddington on Feb. 21 in the Philadelphia Municipal Court for a total of $1,280.56, which included an alleged debt of $1,167.56 from a Credit One Bank credit account.
Waddington opposed the claim, which the defendants failed to prosecute at trial on June 15, and an official judgment was entered for him as a matter of record and law on July 15. However, Waddington claims the defendants failed to inform the relevant credit bureaus that the alleged debt was dissolved.
“Plaintiff further alleges and avers that defendants continue to make false reports to the credit reporting bureaus stating that plaintiff’s account is past due and/or that he owes $1,167.56. Therefore, defendants have willfully misrepresented the amount, character and legal status of the alleged debt of plaintiff, which is a violation of both the FDCPA and FCEUA. It is also a violation of the FCRA. Additionally, defendants have engaged in ‘fraudulent or deceptive conduct which creates a likelihood of confusion or of misunderstanding. Based on the foregoing, defendants have defamed plaintiff and have also engaged in abuse of process,” the complaint says.
Waddington claims the defendants did not show legal authority to collect the alleged debt or any substantive evidence connected to the alleged debt, and used illegal means to attempt to collect it.
For counts of alleged violation of the Fair Debt Collection Practices Act (FDCPA) Fair Credit Extension Uniformity Act (FCEUA), Pennsylvania Unfair Trade Practices and Consumer Protection Law (UTPCPL), Fair Credit Reporting Act (FCRA), defamation and abuse of process, the plaintiff is seeking compensatory damages including those for emotional distress, $1,000 in actual and statutory damages for each violation of the FDCPA, treble damages, actual damages, punitive damages as permitted by law, attorney’s fees, witness fees, court costs, other litigation costs and other relief as deemed appropriate by the Court in this matter.
The plaintiff is represented by Christopher S. Froba of the Law Office of Marc R. Gordon, in Jenkintown.
Philadelphia County Court of Common Pleas case 170802305
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com