Quantcast

Plaintiff alleges Debt Collector violated Fair Debt Collection Practices Act

PENNSYLVANIA RECORD

Thursday, November 21, 2024

Plaintiff alleges Debt Collector violated Fair Debt Collection Practices Act

State Court
Webp ecmerd4d2ds0hqpfrr2q8ccqd7wh

Judge Christine A. Ward | Official website

Krystal Simon has filed a lawsuit against Midland Credit Management, Inc., alleging violations of the Fair Debt Collection Practices Act (FDCPA). The complaint was filed on November 7, 2024, in the Court of Common Pleas of Allegheny County, Pennsylvania. Simon accuses Midland Credit Management of providing false and misleading information regarding her debt status to credit reporting agencies.

The legal battle began when Midland Credit Management filed a civil complaint against Krystal Simon on August 6, 2024, at the Magisterial District Court. In response, Simon enlisted J.P. Ward & Associates, LLC to represent her and defend against these allegations. On September 3, 2024, her attorneys filed an Entry of Appearance and an Intent to Defend notice. They also sent a "First Dispute Letter" to Midland Credit Management disputing any alleged debts and requesting that all communications be directed through her legal counsel.

Despite withdrawing their initial complaint on September 12, 2024, Midland Credit Management allegedly continued to report inaccurate information about Simon's debt status to TransUnion. According to the complaint, they updated a tradeline associated with the disputed debt as “in Collection” and “PLACED FOR COLLECTION,” which contradicted its disputed nature. This action is claimed to violate sections 1692e(2)(a) and 1692e(8) of the FDCPA by falsely representing the character and legal status of the alleged debt.

Simon asserts that these actions by Midland Credit Management have caused her significant emotional distress and inconvenience. She argues that their conduct was not only misleading but also abusive under section 1692d of the FDCPA. The plaintiff seeks judgment in her favor for actual damages incurred due to these violations, statutory damages up to $1,000 as permitted under section 1692k(a), along with costs and attorney fees.

Representing Krystal Simon are attorneys Travis A. Gordon and Joshua P. Ward from J.P. Ward & Associates, LLC based in Pittsburgh. The case is being overseen by Judge Torrey J. Landis with a claim amount stated as $1,904.07 under Docket Number MJ-02207-CV-0000216-2024.

More News