MIAMI – A Palm Beach County man alleges a debt collector attempted to mislead him with the information in a letter.
Sergio Maximiliano filed a complaint on behalf of all others similarly situated on March 15 in the U.S. District Court for the Southern District of Florida against Simm Associates Inc. citing the Fair Debt Collection Practices Act.
According to the complaint, the plaintiff alleges that in September 2016, he suffered damages from receiving a collection letter from the defendant that falsely identified the creditor. The plaintiff holds Simm Associates Inc. responsible because the defendant allegedly listed Paypal Credit as the creditor to whom the debt is owed, when it was supposed to be Comenity Capital Bank.
The plaintiff requests a trial by jury and seeks statutory damages, all legal fees and any other relief as the court deems just. He is represented by Leo W. Desmond of Desmond Law Firm PC in Vero Beach.
U.S. District Court for the Southern District of Florida Case number 9:17-cv-80341-BB