PHILADELPHIA – A New Jersey man has filed suit against Comcast, alleging it is holding him responsible for an unpaid balance belonging to his late father’s customer account and not his.
Joseph Kirk of Glassboro, N.J. filed suit in the Philadelphia County Court of Common Pleas on Oct. 11 versus Comcast, of Philadelphia.
In 2015, the plaintiff’s father, Joseph Kirk Sr., passed away. At the time of his death, Mr. Kirk Sr. had an account with Comcast with a remaining balance of $158. At some point thereafter, the suit says Comcast has been reporting this account as delinquent on the plaintiff’s credit reports as recently as Oct. 9, despite his repeated assertions that the delinquent account was his father’s and not his.
“Plaintiff alleges and avers that defendant misrepresented the status and legal nature of the alleged account, as there was/is no agreement authorizing defendant to collect anything or do any credit reporting regarding plaintiff. Plaintiff alleges and avers that defendant misreported credit information about plaintiff, despite actual notice that the disputed account was not his. Plaintiff alleges and avers that defendant sought to collect amounts comprised largely of improper fees and/or interest,” the suit states.
For violations of the Fair Credit Extension Act, the Unfair Trade Practices Act and Consumer Protection Law and the Fair Credit Reporting Act, the plaintiff is seeking actual damages three times the total amount, punitive damages, statutory damages of $100 for each violation of the FCEA, costs and attorney’s fees, plus such other and further relief as the Court deem just and proper.
The plaintiff is represented by Fred Davis of Davis Consumer Law Firm, in Willow Grove.
Philadelphia County Court of Common Pleas case 171001346
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com