The Fair Debt Collection Practices Act (FDCPA) tries to protect consumers from misinformation or abuse at the hands of third-party debt collectors. This class action alleges that two companies, UHG I, LLC and Markoff Law, LLC, have violated that law in respect to a consumer debtor suit filed in a court of law that seems to involve contradictory information.
The events originated with a consumer debt incurred by the plaintiff in this case, Cantrell Streeter. Streeter borrowed funds via a Pentagon Federal Credit Union consumer credit card account, which he used for personal purposes.
At some point, he was unable to pay the debt. According to the complaint UHG bought the defaulted debt and hired Markoff to collect it.
Markoff filed a lawsuit against Streeter on September 17, 2019 in Cook County, Illinois in an attempt to collect the money. The complaint alleges that the state court complaint and summons, which were served on Streeter, were a “communication” as defined by the FDCPA.
In the complaint, UHG states that the amount it claims is “$20,956.76 plus costs.” The summons also indicates that UHG is seeking costs.
However, attached to the UHG’s complaint is a Credit Card or Debt Buyer Collection Action Affidavit. Paragraph 3 of that affidavit is headed “Additional Account Information After Charge-Off” and asks whether “Plaintiff [in that case, UHG] is seeking additional amounts after the charge-off date[.]” The word “No” is then checked off.
The complaint in this class action alleges that court costs are “additional amounts” and that the materials from UHG and Markoff are therefore contradictory and likely to confuse a consumer. The FDCPA forbids debt collectors to make “false or misleading representations” or to use “any false representation or deceptive means to collect or attempt to collect any debt…” The complaint alleges that the contradictory statements violate these provisions.
The complaint alleges that the “conflicting information given to a consumer … would prevent a consumer from knowing how much is owed on an alleged debt or what additional exposure he faces were he to proceed with a lawsuit.”
The class for this action is
- All persons similarly situation in Illinois
- From whom Markoff tried to collect a debt on behalf of UHG
- By serving a complaint and summons filed in the Circuit Court of Cook County
- Which includes the affidavit where the box labeled “Plaintiff is seeking additional amounts after the charge-off date” is checked “No”
- But where UHG is requesting court costs in the complaint or summons,
- Between December 29, 2018 and December 29, 2019.
Topic: Consumer
Most Recent Case Event
UHG, Markoff Law Debt Collection Lawsuit Costs FDCPA Complaint
December 29, 2019
The Fair Debt Collection Practices Act (FDCPA) tries to protect consumers from misinformation or abuse at the hands of third-party debt collectors. This class action alleges that two companies, UHG I, LLC and Markoff Law, LLC, have violated that law in respect to a consumer debtor suit filed in a court of law that seems to involve contradictory information.
uhg_fdcpa_complaint.pdfCase Event History
UHG, Markoff Law Debt Collection Lawsuit Costs FDCPA Complaint
December 29, 2019
The Fair Debt Collection Practices Act (FDCPA) tries to protect consumers from misinformation or abuse at the hands of third-party debt collectors. This class action alleges that two companies, UHG I, LLC and Markoff Law, LLC, have violated that law in respect to a consumer debtor suit filed in a court of law that seems to involve contradictory information.
uhg_fdcpa_complaint.pdf