Lori C. Greenberg & Associates False Debt Amount FDCPA Lawsuit

The Fair Debt Collection Practices Act (FDCPA) strictly requires that debt collection letters not make false statements, but the complaint for this lawsuit alleges that the debt collection letter sent to plaintiff Leonard Antonelli by Lori C. Greenberg & Associates misstates the amount of Antonelli’s alleged debt by tacking on legal fees and expenses that had not been awarded.

The FDCPA was passed because existing laws were not able to protect consumers from abusive and unfair debt collection practices. The Act was designed to make sure that debt collectors did not use abusive, deceptive, or unconscionable practices, but also to make sure that those who did use them did not have an advantage over fair and honest companies.

Abusive debt collection practices were believed to “contribute to the number of personal bankruptcies, marital instability, loss of employment, and invasions of privacy” and the Act’s provision have been analyzed by courts from the perspective of the “least sophisticated consumer” in order to protect “the gullible as well as the shrewd.”

One of the things that the FDCPA requires is that debt collection letters to consumers cannot misrepresent “the character, amount, or legal status of a debt.” However, the complaint claims that the amount shown in the letter sent by Lori C. Greenberg & Associates, $1,573.60, is false.

Accompanying the letter was an unfiled complaint that showed the same amount and that admitted that it included attorneys’ fees and court costs in the amount of $280 and $70 respectively, or $350 total. Two days after the date of the letter, Lori C. Greenberg & Associates filed the complaint with the court, initiating the lawsuit. However, at the time of the letter, the complaint claims, no lawsuit had yet been filed, no judgment had been entered against Antonelli, and no such amount had been awarded to the company by any court.

The complaint alleges that since no court had entered any the company was not entitled to the $350 and therefore misrepresented the amount of Antonelli’s debt.

The complaint does mention that the case mentioned above was disposed on August 3, 2017, but it does not mention the outcome or whether Antonelli now owes the $350.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Lori C. Greenberg & Associates False Debt Amount FDCPA Complaint

October 19, 2017

The Fair Debt Collection Practices Act (FDCPA) strictly requires that debt collection letters not make false statements, but the complaint for this lawsuit alleges that the debt collection letter sent to plaintiff Leonard Antonelli by Lori C. Greenberg & Associates misstates the amount of Antonelli’s alleged debt. Accompanying the letter was an unfiled complaint that showed the same amount and that admitted that it included attorneys’ fees and court costs in the amount of $280 and $70 respectively, or $350 total. At the time of the letter, the complaint claims, no lawsuit had yet been filed, no judgment had been entered against Antonelli, and no such amount had been awarded to the company by any court. 

lori_greenberg_associates_fdcpa_complaint.pdf

Case Event History

Lori C. Greenberg & Associates False Debt Amount FDCPA Complaint

October 19, 2017

The Fair Debt Collection Practices Act (FDCPA) strictly requires that debt collection letters not make false statements, but the complaint for this lawsuit alleges that the debt collection letter sent to plaintiff Leonard Antonelli by Lori C. Greenberg & Associates misstates the amount of Antonelli’s alleged debt. Accompanying the letter was an unfiled complaint that showed the same amount and that admitted that it included attorneys’ fees and court costs in the amount of $280 and $70 respectively, or $350 total. At the time of the letter, the complaint claims, no lawsuit had yet been filed, no judgment had been entered against Antonelli, and no such amount had been awarded to the company by any court. 

lori_greenberg_associates_fdcpa_complaint.pdf
Tags: FDCPA, False Representation of Debt Amount, Misleading or Confusing Debt Collection Letter