Among the provisions of the Fair Debt Collection Practices Act (FDCPA) is that debt collection communications with consumers cannot be false, deceptive, or misleading. The complaint for this class action alleges that Jefferson Capital Systems, LLC (JeffCap) and Mandarich Law Group, LLP tried to collect a consumer debt via a lawsuit with a complaint with contradictory and confusing information in the documents.
Plaintiff Slavica Morris allegedly incurred a consumer debt with a WebBank consumer credit account. She was later unable to pay the alleged debt, and it went into default.
JeffCap buys defaulted consumer debts and attempts to collect them. The company bought Morris’s alleged debt. On behalf of JeffCap, Mandarich Law Group filed a lawsuit against Morris on December 12, 2019. The complaint was served on Morris on or about December 23, 2019.
The complaint for this class action alleges that the complaint for that lawsuit is a “communication” under the FDCPA.
In that complaint, JeffCap says it is claiming “$994.44 plus costs.” It also prays for judgment against Morris for court costs. The summons, however, does not ask for costs.
Attached to the state court complaint is a document called a Credit Card or Debt Buyer Collection Action Affidavit. At the line asking “Plaintiff is seeking additional amounts after the charge-off date” a box has been checked beside the word “No.”
The complaint for this class action alleges, “Court costs would be considered ‘additional amounts’ by any reasonable reading.” It quotes the FDCPA as saying, “A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt.” Some of the examples given include the “character, amount, or legal status of any debt[,]” the “threat to take any action that cannot be legally taken[,]” and the “use of false representation or deceptive means to collect or attempt to collect any debt…”
The class action complaint alleges that the state court complaint misrepresents the amount and legal status of the debt and used false, misleading, and deceptive means in asking for court costs and also saying that court costs were not sought. Morris was confused by the conflicting statements and did not know how much she was asked to pay.
The class for this action is
- All persons similarly situated in Illinois
- From whom Mandarich tried to collect a debt on behalf of JeffCap
- By serving a complaint and summons filed in an Illinois state court
- Including the affidavit as in this case
- Where the box labeled “Plaintiff is seeking additional amounts after charge-off date” is checked “No”
- But where the summons or complaint requests court costs
- Between January 2, 2016 and January 2, 2020.
Topic: Consumer
Most Recent Case Event
JeffCap, Mandarich Law Confusing Debt Collection Complaint
January 2, 2020
Among the provisions of the Fair Debt Collection Practices Act (FDCPA) is that debt collection communications with consumers cannot be false, deceptive, or misleading. The complaint for this class action alleges that Jefferson Capital Systems, LLC (JeffCap) and Mandarich Law Group, LLP tried to collect a consumer debt via a lawsuit with a complaint with contradictory and confusing information in the documents.
mandarich_debt_22plus_costs22_fdcpa_compl.pdfCase Event History
JeffCap, Mandarich Law Confusing Debt Collection Complaint
January 2, 2020
Among the provisions of the Fair Debt Collection Practices Act (FDCPA) is that debt collection communications with consumers cannot be false, deceptive, or misleading. The complaint for this class action alleges that Jefferson Capital Systems, LLC (JeffCap) and Mandarich Law Group, LLP tried to collect a consumer debt via a lawsuit with a complaint with contradictory and confusing information in the documents.
mandarich_debt_22plus_costs22_fdcpa_compl.pdf