Law firm sued for allegedly misrepresenting itself in debt collection process

By Jon Campisi | Aug 26, 2011

A Richboro, Pa. woman is suing an out of state law firm for allegedly violating the federal Fair Debt Collection Practices Act, contending the company misrepresented itself in an attempt to intimidate the plaintiff into settling her debt.

Attorneys Cary L. Flitter, Theodore E. Lorenz and Andrew M. Milz, of the Narberth, Pa. law firm of Lundy, Flitter, Beldecos & Berger, P.C., filed the lawsuit Aug. 24 at the U.S. District Court for the Eastern District of Pennsylvania on behalf of Donna Segal of Bucks County.

Named as the defendant in the lawsuit is Oklahoma-based Scott Lower Law Office, P.C.

According to the civil complaint, Segal received a letter from the defendant on May 12 of this year in an attempt to collect an alleged consumer debt.

The defendant’s law firm name was on the letterhead, suggesting or implying “a level of attorney involvement. There was no such involvement,” the lawsuit states.

“The [letter] falsely implies that the collection of the account has been escalated by the hiring of a law firm to take steps, including the filing of a lawsuit, to collect the account,” the complaint states. “In reality, and unbeknownst to the consumer, the Lowery Law Firm sends this form collection letter in its capacity as a debt collector only and not as a law firm, (acting like a real law firm).”

The lawsuit states that the sentence in the letter that makes reference to the fact that no attorney with the firm had personally reviewed the particular circumstances of the plaintiff’s account “does not ameliorate the effect of the collection letter sent on attorney letterhead.”

The suit states that the Fair Debt Collection Practices Act prohibits debt collectors from using false, deceptive or misleading representations or means in connection with the collection of a debt.

Segal demands judgment against the defendant in unspecified damages, attorney’s fees and other relief deemed appropriate by the court.

She has demanded a jury trial.

The federal case number is 2:11-cv-05353-BMS.

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