MIAMI – A Miami resident is accusing a debt collector of deceptive, misleading and unfair collection practices.
Nancy Michel filed a complaint on Aug. 10 in the U.S. District Court for the Southern District of Florida against Franklin Collection Service Inc. alleging that the debt collector violated the Fair Debt Collections Practices Act (FDCPA) and the Florida Consumer Collection Practices Act (FCCPA).
According to the complaint, the plaintiff alleges that on Sept. 18, 2015, she disputed an alleged debt directly with the defendant through a letter, but upon receiving a credit report again on Nov. 23, 2015, she found out that defendant had not removed the credit account nor marked it as ''disputed by consumer'' despite being required to do so by the FDCPA.
The plaintiff holds Franklin Collection Service Inc. responsible because the defendant allegedly failed to mark the plaintiff's credit report as disputed.
The plaintiff requests a trial by jury and seeks actual and statutory damages, attorney's fees, costs of suit and other relief as the court may deem just. She is represented by Michael Jay Ringelheim of RC Law Group PLLC in Hackensack, New Jersey.
U.S. District Court for the Southern District of Florida Case number 1:16-cv-23455