MIAMI – An Indian River County consumer has filed a class-action lawsuit against two Vero Beach debt collectors alleging that they sent a collection letter to the plaintiff that violated debt collection laws.
Patricia A. Klein filed a complaint on behalf of all others similarly situated on Nov. 30 in the U.S. District Court for the Southern District of Florida against McKinnon & Hamilton PLLC and Charles W. McKinnon alleging violation of the Fair Debt Collection Practices Act.
According to the complaint, the plaintiff alleges that in 2016, she suffered damages from receiving a collection letter from the defendants that said a claim of lien would be filed against her if they did not receive a payment from her within 30 days. The plaintiff holds McKinnon & Hamilton PLLC and McKinnon responsible because the defendants demand payment of within 30 days allegedly overshadows her rights to a 30-day dispute allowed by the FDCPA, as she would have to mail a check before 30 days expired for the defendants to receive it.
The plaintiff seeks statutory damages, all legal fees and interest plus any other relief as the court deems just. She is represented by Leo W. Desmond and Sovathary K. Jacobson of Desmond Law Firm P.C. in Vero Beach.
U.S. District Court for the Southern District of Florida Case number 2:16-cv-14527-RLR