GAINESVILLE – A consumer claims a debt collector is unlawfully trying to collect an alleged debt.
Thomas Bivins filed a complaint on March 10 in the U.S. District Court for the Northern District of Florida, Gainesville Division against Midland Funding LLC, Midland Credit Management Inc., Encore Capital Group Inc., Sean J. Fisher, Valeria I. Obi, Jennifer A. Sesta and Payal Y. Chatani citing the Fair Debt Collection Practices Act.
According to the complaint, the plaintiff alleges he has suffered damages as a result of defendant's wrongful conduct of attempting to collect on an alleged debt of $2,272.09 from plaintiff that is not expressly authorized by any valid agreement or law. The plaintiff holds Midland Funding LLC, Midland Credit Management Inc., Encore Capital Group Inc., Fisher, Obi, Sesta and Chatani responsible because the defendants allegedly failed to state details about the original debt, and attempted to collect an amount not authorized by law or the loan agreement.
The plaintiff requests a trial by jury and seeks judgment against defendants, injunctive and declaratory relief, actual and statutory damages, costs of action, attorney's fees, and further relief that the court deems just. He is represented by Brian L. Ponder of Brian Ponder LLP in New York.
U.S. District Court for the Northern District of Florida, Gainesville Division Case number 1:17-cv-00054