Jump to content

Simmons v. Portfolio Recovery Associates, [case law]


Recommended Posts

Look at this old case law article I came across for TN.  It says the basic way JDB's do things is, in itself, a violation and you could countersue.





The debtor alleged the debt collector had falsely represented the character, amount, or legal status of the debt in violation of the FDCPA in two ways: (1) as a result of its intentional business decision not to obtain a copy of the written contract or other documentation evidencing the debt prior to filing the state court action, and (2) by submitting an affidavit in support of the action executed by an individual who had no personal knowledge of the statements made in the affidavit, did not review any records of the card issuer, and did not make any other efforts to determine if the debtor actually owed the amounts claimed.

The debtor also alleged that the debt collector routinely used “virtually identical form affidavits alleging facts not in [its] possession due to lack of proper information” and, by engaging in a pattern or practice of filing lawsuits using false affidavits, had violated the FDCPA through the use of “unfair or unconscionable means” in attempting to collect a debt.

  • Like 1
Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.


  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.