PHILADELPHIA – A Philadelphia woman believes a San Diego company illegally pursued a credit card debt claim against her and violated a number of financial laws in the process, while also having allegedly committed defamation against her and abuse of process.
Angela Cunningham of Philadelphia filed suit in the Philadelphia County Court of Common Pleas on Jan. 25 versus Midland Funding, LLC, Midland Credit Management, Inc. and Encore Capital Group, Inc., all of San Diego, Calif.
The defendants filed a statement of claim against Cunningham on Nov. 16, 2017 in the Philadelphia Municipal Court for a total of $3,041.99, which included an alleged debt of $2,906.99 from a Credit One Bank credit account.
On Jan. 19, Cunningham retained counsel, contested the claim and had the matter scheduled for trial. However, Cunningham claims the defendants failed to inform the relevant credit bureaus that the alleged debt was in dispute.
“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 $2,906.99. Therefore, defendants have willfully represented 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.
Cunningham claimed the defendants failed to demonstrate legal authority to collect the alleged debt or any credible evidence related to the alleged debt, and used improper 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) 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 180104274
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at firstname.lastname@example.org