Lawsuits can often highlight the intricate and sometimes contentious relationships between debt collectors and consumers. In a recent case, Lora Cousineau filed a complaint against Midland Credit Management, Inc., in the Court of Common Pleas of Allegheny County, Pennsylvania, on November 7, 2024. The lawsuit accuses Midland Credit Management of violating federal laws designed to protect consumers from abusive debt collection practices.
The plaintiff, Lora Cousineau, represented by J.P. Ward & Associates, LLC, claims that Midland Credit Management engaged in deceptive practices that violated the Fair Debt Collection Practices Act (FDCPA). According to the complaint, Midland Credit Management filed a civil complaint against Cousineau on August 28, 2024. In response, Cousineau's legal team disputed the alleged debts and requested proof of liability and ownership of these debts. Despite withdrawing their initial complaint on September 24, 2024, Midland Credit Management allegedly continued to report false information about Cousineau's credit status to TransUnion.
Cousineau asserts that this misrepresentation constitutes a violation of several sections of the FDCPA. Specifically, she alleges that Midland falsely represented the character and legal status of an extinguished debt by reporting it as "in collection" to credit agencies. This action is claimed to contravene sections 1692e(2)(a) and 1692e(8) of the FDCPA which prohibit false representations regarding debts and require communication that disputed debts are indeed disputed.
The lawsuit seeks monetary damages for actual harm suffered due to these alleged violations, including emotional distress and inconvenience caused by Midland's actions. Additionally, Cousineau requests statutory damages as permitted under section 1692k(a) of the FDCPA along with costs for attorney fees.
Representing Lora Cousineau are attorneys Travis A. Gordon and Joshua P. Ward from J.P. Ward & Associates LLC. The case is presided over by Judge Nicholas C. Martini under Docket No: CVPDD008S254F160. The legal battle underscores ongoing tensions between consumers seeking protection from unfair debt collection practices and companies attempting to recover outstanding debts.