BENTON – A man from Godfrey is suing over an attempt to collect a debt. He is seeking class action status.
Kenneth Ruckman filed the suit March 11 in U.S. District Court for the Southern District of Illinois against Midland Credit Management Inc.
The plaintiff alleges deceptive, fraudulent or unfair business practices in violation of the Fair Debt Collection Practices Act.
On March 12, 2015, the defendant allegedly sent the plaintiff a collection letter. The letter was not drafted individually to the plaintiff and, in fact, it's a form letter that was sent to thousands of individuals, according to the complaint. That is one reason the plaintiff is seeking class action status.
Further, the letter stated that the alleged debt is owed to First Bank of Delaware in the amount of $637.05, the suit says, alleging that the original creditor charged off the debt for approximately $500.
The suit alleges that the defendant is attempting to collect more money than the original creditor would be entitled to collect.
The alleged violations of the FDCPA include false, deceptive and misleading means to collect the alleged debt; using unfair means to collect the debt; engaging in conduct where the natural consequence is to harass, oppress and abuse the plaintiff in collection of a debt; attempting to collect an amount not authorized by the agreement with the plaintiff's original creditor; and communicating a false impression, amount and legal status of the debt.
The plaintiff seeks judgment against the defendant that it violated the FDCPA, and for actual damages, release of the alleged debt, statutory damages, costs and attorney fees, and other relief the court deems proper. He is represented by James W. Eason of the Eason Law Firm LLC in St. Louis.
U.S. District Court for the Southern District of Illinois case number 16-cv-00260