MIAMI – A Miami-Dade County consumer alleges a debt collector engaged in deceptive practices.
Lenda Fernandez filed a complaint on March 20 in the U.S. District Court for the Southern District of Florida against Midland Credit Management Inc. alleging that the defendant violated the Fair Debt Collection Practices Act.
According to the complaint, the plaintiff alleges that she filed for bankruptcy in January and that a debt with Credit One Bank was included in that filing. She alleges she received a letter from the defendant demanding payment for the debt despite the fact that it was included in her bankruptcy.
The plaintiff holds Midland Credit Management Inc. responsible because the defendant allegedly used false, deceptive, or misleading representation or means to collect a debt.
The plaintiff requests a trial by jury and seeks judgment for actual damages, statutory damages of $1,000, costs of litigation, reasonable attorney's fees and other further relief the court deems proper. She is represented by Andy R. Hernandez of n/a in Miami.
U.S. District Court for the Southern District of Florida Case number 1:17-cv-21029