TAMPA — A consumer has filed a claim against Debski & Associates PA alleging that the debt collector used false, deceptive or misleading representations to collect debt.
Jacob McNamee filed a complaint on Aug. 9 in U.S. District Court for the Middle District of Florida, Tampa Division, against Debski & Associates PA, alleging violation of the Fair Debt Collection Practices Act.
According to the complaint, the plaintiff alleges that on May 13, 2009, he was obligated by the court to settle debt to the defendant's client, Capital One. When left unpaid, the defendant allegedly elected to collect post-judgment interest through letters as the balance increased since the May 13, 2009, judgment. But on May 10, 2016, the plaintiff's counsel allegedly was informed that Capital One ceased collecting post-judgment interest on the plaintiff's account, so the plaintiff's counsel allegedly asked the defendant to provide an affidavit to show the creditor’s agreement, but the defendant allegedly refused to provide a waiver, which allegedly confused the plaintiff as to the amount of his alleged debt. The plaintiff holds Debski & Associates PA responsible because the defendant allegedly failed to inform the plaintiff that the debt was subject to increase due to accrued interest, fees or other charges and failed to clearly and effectively state the amount of the debt.
The plaintiff requests a trial by jury and seeks relief and judgment, statutory damages in the amount of $1,000, attorneys’ fees, costs of suit, interest and other relief as the court deems just. He is represented by Alex D. Weisberg of Weisberg Consumer Law Group PA in Cooper City.
U.S. District Court for the Middle District of Florida case number 8:16-cv-02272