Church Church Hittle + Antrim Threat of Legal Action FDCPA Class Action

The Fair Debt Collection Practices Act (FDCPA) governs how third-party debt collectors may proceed in collecting consumer debts. The complaint for this class action brings suit under this law against Church Church Hittle + Antrim, claiming the firm has violated it by making false representations.

The plaintiff in this case, Beth Hollins, allegedly owes two debts for medical services. The creditor is Aberdeen Ventures, which does business as Immediate Care Center. The amounts are $81.52 and $84.57.

Church sent her two letters about these debts, both dated August 19, 2019, labeled as Exhibits A and B and attached to the original complaint. The complaint claims, “upon information and belief,” that each is the first communication sent to Hollins about the respective alleged debt.

The complaint claims, “Exhibits A and B repeatedly state, threaten or imply that litigation may be instituted[.]” It quotes the following lines from the letters:

  • “[W]e may … take legal action against you for the collection of the above amount, plus attorney fees where authorized by contract or statute and granted by court approval, court costs, and additional accrued interest after the date of this letter as allowed by law or your contract.”
  • “[W]e may filed suit against you.”
  • “Aberdeen Ventures does not wish to file suit against you. However, if you do not pay or make payment arrangements, we will proceed as necessary.”

Despite this, the complaint alleges, “No litigation was in fact intended.” In fact, the complaint claims, “According to Odyssey, Aberdeen Ventures or Immediate Care Center have never filed suit against a patient to collect a bill, must less one as small as $81.52.”

The FDCPA specifically includes a section on false or misleading representations which says, “A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt.”

Among the things listed as violations is “[t]he threat to take any action … that is not intended to be taken…” Also forbidden is “[t]he use of any false representation or deceptive means to collect or attempt to collect any debt or to retain information concerning a consumer…”

The class for this action is all individuals

  • To whom Church Church Hittle + Antrim sent a letter
  • Seeking to collect a medical or healthcare debt
  • Stating any of the following: (a) [W]e may … take legal action against you” for the collection of the amount allegedly owed, or (b) [W]e may file suit against you” or (c) “[client] does not wish to file suit against you. However, if you do not pay or make payment arrangements, we will proceed as necessary”
  • On behalf of (a) Aberdeen Ventures, dba Immediate Care Center or (b) any other entity that had not authorized the filing of a suit
  • Where the letter was sent at any time between August 18, 2019 and September 8, 2020.
Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Church Church Hittle + Antrim Threat of Legal Action FDCPA Complaint

August 18, 2020

The Fair Debt Collection Practices Act (FDCPA) governs how third-party debt collectors may proceed in collecting consumer debts. The complaint for this class action brings suit under this law against Church Church Hittle + Antrim, claiming the firm has violated it by making false representations.

Church Church Hittle + Antrim Threat of Legal Action FDCPA Complaint

Case Event History

Church Church Hittle + Antrim Threat of Legal Action FDCPA Complaint

August 18, 2020

The Fair Debt Collection Practices Act (FDCPA) governs how third-party debt collectors may proceed in collecting consumer debts. The complaint for this class action brings suit under this law against Church Church Hittle + Antrim, claiming the firm has violated it by making false representations.

Church Church Hittle + Antrim Threat of Legal Action FDCPA Complaint
Tags: FDCPA, Making False Representations, Unlawful Debt Collection