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Plaintiff alleges former creditor violated Fair Debt Collection Practices Act

PENNSYLVANIA RECORD

Thursday, November 21, 2024

Plaintiff alleges former creditor violated Fair Debt Collection Practices Act

State Court
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Maryclaire Akers, Thirteenth Judicial Circuit Judge | https://www.courtswv.gov

William Schaule has taken legal action against Midland Credit Management, Inc., alleging violations of the Fair Debt Collection Practices Act (FDCPA). The complaint was filed on October 23, 2024, in the Court of Common Pleas of Allegheny County by J.P. Ward & Associates, LLC, representing Schaule. This case underscores significant allegations concerning debt collection practices and consumer rights.

The lawsuit arises from a series of events beginning on June 10, 2024, when Midland Credit Management filed a civil complaint against Schaule in Magisterial District Court. In response to these actions, Schaule retained J.P. Ward & Associates to defend him. On July 17, 2024, his attorneys sent a "First Dispute Letter" to Midland Credit Management disputing the alleged debts and requesting that they cease direct communication with Schaule. Despite this communication and the subsequent withdrawal of their initial complaint on July 23, 2024, Midland Credit Management allegedly reported false information about Schaule's credit status to TransUnion on August 24, 2024.

According to the complaint, Midland Credit Management falsely represented the character and legal status of the disputed debt by marking it as "in Collection" and "PLACED FOR COLLECTION," despite being informed that the debt was contested. These actions are claimed to violate several provisions of the FDCPA, specifically sections concerning false representation of debt status and failure to communicate that a debt is disputed.

Schaule seeks relief from the court for these alleged violations. He requests monetary damages within arbitration limits for actual damages suffered due to emotional distress and inconvenience caused by Midland's actions. Additionally, he seeks statutory damages as allowed under the FDCPA along with coverage for costs and attorney’s fees.

Representing William Schaule are attorneys Travis A. Gordon and Joshua P. Ward from J.P. Ward & Associates LLC. The case is presided over by Judge Hilary K. Wheatley. The case ID is: CVPDD008S230F936 The plaintiff's counsel argues that such deceptive practices contribute significantly to personal financial distress and are precisely what federal laws like the FDCPA aim to prevent.

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