FORT LAUDERDALE— A consumer has filed suit against a debt collector for alleged misrepresentation in debt collection.
Rachel Storm filed a complaint Sept. 15 in U.S. District Court for the Southern District of Florida against Credence Resource Management, alleging that the debt collector violated the Fair Debt Collection Practices Act through false representation of debt.
According to the complaint, the plaintiff alleges that on Aug. 25, Rachel Storm received a collection letter from the defendant in an attempt to collect payment on five of her consumer debts in one collection letter. The plaintiff claims that the letter was used as the primary collecting agent, but the law requires debt collectors to provide consumers with a written notice of assignment for consumer debts at least 30 days before any collection activity commences. As a result, the plaintiff has suffered actual damages, including mental suffering, anguish, loss of income and personal and/or financial credibility.
The plaintiff holds Credence Resource Management responsible because the defendant allegedly attempted to collect several consumer debts in one collection letter, attempted to affix a $5 fee to any payment made via its website, failed to provide a timely notice of its assignment and intimidated the consumer by stating lawsuit expenses in its collection letter.
The plaintiff requests a trial by jury and seeks judgment against the defendant, statutory and actual damages, an injunction prohibiting further collection activities, costs, attorneys' fees and other relief that the court deems just. She is represented by Jibrael S. Hindi of The Law Offices of Jibrael S. Hindi in Fort Lauderdale and Thomas J. Patti of Thomas-John Law PA in Fort Lauderdale.
U.S. District Court for the Southern District of Florida case number 0:16-cv-62201