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PENNSYLVANIA RECORD

Sunday, November 17, 2024

Plaintiff alleges debt collector violated Fair Debt Collection Practices Act

State Court
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Judge Christine A. Ward | Official website

Cathy Jackson has taken legal action against a debt collection company, alleging violations of federal law in their pursuit of a disputed debt. On November 1, 2024, Cathy Jackson filed a complaint in the Court of Common Pleas of Allegheny County, Pennsylvania, against Portfolio Recovery Associates, LLC. The lawsuit claims that the defendant engaged in unlawful practices under the Fair Debt Collection Practices Act (FDCPA).

The case began when Portfolio Recovery Associates filed a civil complaint against Cathy Jackson on March 15, 2024. In response, Jackson enlisted J.P. Ward & Associates to defend her case. On April 12, 2024, her attorneys filed an Entry of Appearance and Intent to Defend on her behalf and sent a First Dispute Letter to Portfolio Recovery Associates. This letter clearly stated that Jackson denied owing any money to the company and disputed all debts they claimed she owed.

Despite this communication, Portfolio Recovery Associates allegedly failed to accurately reflect the disputed nature of these debts to credit reporting agencies and continued to contact Jackson directly. A hearing held on June 13, 2024, resulted in a judgment for the defendant—Jackson—in Magisterial District Court. However, two months later, Portfolio Recovery Associates reportedly furnished false information about Jackson's alleged debt status to TransUnion by marking it as "in Collection," contradicting its disputed status.

Jackson's complaint accuses Portfolio Recovery Associates of violating several provisions of the FDCPA by falsely representing the character and legal status of the alleged debt and failing to communicate its disputed nature. Specifically cited are violations under sections 1692e(2)(a) and 1692e(8), which prohibit false representations regarding debts and communicating false credit information.

In her lawsuit, Cathy Jackson seeks monetary damages within arbitration limits for actual damages suffered due to these violations. She also requests statutory damages as allowed under section 1692k(a) of the FDCPA, along with costs and attorney fees.

The legal representation for Cathy Jackson is provided by Joshua P. Ward and Travis A. Gordon from J.P. Ward & Associates LLC. The case is presided over by Judge Patrick D. Campbell. The case ID is: CVPDD008S243F172.

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