Debt collector sued for unfair collection practices

By Steve Gonzalez | Jan 8, 2008

Dana Young filed suit against Midwest Credit and Collection (MCC) in U.S. District Court Jan. 7 alleging violations of the Fair Debt Collection Practices Act (FDCPA).

According to Young, he borrowed money for personal and household purposes from America's Financial Choice in Coles County in 2004, but defaulted on the loan.

He claims America's assigned the debt to MCC and from October 2006 until December 2007, MCC contacted him once a week at his place of employment in an effort to collect the debt.

"On each occasion, Plaintiff advised Defendant that he could not receive debt collection calls at his place of employment," the complaint states.

Young also claims that a lawsuit was filed against him in Macon County, even though he does not reside there and the debt did not originate there. Young also claims MCC filed a wage garnishment proceeding on Dec. 18, 2007.

"(MCC) violated the FDCPA by causing a debt collection lawsuit to be filed and maintained in an improper venue where the natural consequences of which is to harass, oppress or abuse Dana Young," the complaint states.

Young also claims MCC violated FDCPA by contacting him at work even though the company was advised that he was not allowed to receive calls at his place of employment.

"Dana Young suffered actual damages," the complaint states.

Represented by Roy Jackson Dent of Charleston, Young is seeking actual and statutory damages, costs of the suit and attorney fees and other relief the court deems appropriate.

District Judge Michael Reagan has been assigned to the case.

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