T-Mobile and Southwest Credit Systems LP – Fair Debt Collection Practices Act Violations
November 24th, 2007 by John CampbellCompanies are working very hard to collect every penny they believe they are owed. Unfortunately, this is leading to a growing number of debt collection abuses. Here is one example.
T-Mobile turned over a number of delinquent accounts to Southwest Credit Systems LP. Southwest then sent letters to T-Mobile customers stating that “late payments, missed payments, and other defaults may be reflected on your credit report.” One problem – it wasn’t true. After the initial reporting of default, no additional reports could be made to the Credit Reporting Agencies (CRAs). Southwest admitted this, but argued that it still had not broken the law.
The court disagreed. Under the Fair Debt Collection Practices Act (FDCPA), it is illegal for a debt collector to threaten action that it cannot take. A United States District Court in the Eastern District of New York realized held that Southwest’s threat was “false and unactionable” and therefore violated the FDCPA.
If you have had a similar problem with any debt collector, please feel free to call me at 314-241-2929 or email me by clicking here. You have protected rights under the FDCPA.
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