MIAMI – A Palm Beach County consumer claims he received a misleading letter from a debt collector and has filed a class action.
Segio 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 Portfolio Recovery Associates LLC alleging violation of the Fair Debt Collection Practices Act.
According to the complaint, the plaintiff alleges that in December 2016, the defendant mailed him a letter stating it had purchased the plaintiff's alleged debt from Capital One Bank. The plaintiff holds Portfolio Recovery Associates LLC responsible because the defendant's letter allegedly stated that its purpose was not to collect on the alleged debt, but it provided a verification notice that by law is only to be given to a consumer in connection with the collection of debt.
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-80342-RLR