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MADISON - ST. CLAIR RECORD

Friday, March 29, 2024

Madison County man alleges collection agency violated FDCPA over $33 debt

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EAST ST. LOUIS — A Madison County man is suing The Receivable Management Services Corporation and four unnamed individuals with the debt collection firm, citing alleged misrepresentation in debt collection.

David Hoffman filed a complaint on March 21 in the U.S. District Court for the Southern District of Illinois alleging that the defendants violated the Fair Debt Collection Practices Act.

According to the complaint, Hoffman alleges that, on Feb. 9, 2017, he filed a bankruptcy petition citing alleged debt to the defendants amounting to $33. Through bankruptcy, plaintiff requested that all communications related from the debt collection must be stopped, but he allegedly continues to receive calls, threats to take legal action and is being subjected to deceptive means of collecting payment. As a result, Hoffman claims he suffered emotional distress, fear and anxiety. 

The plaintiff holds the defendants responsible because they allegedly engaged in debt collection efforts while plaintiff was maintaining an active bankruptcy case and used oppressive, deceptive and unfair collection tactics to collect the alleged debt.

The plaintiff requests a trial by jury and seeks judgment for statutory damages of $1,000, actual damages, pre- and post-judgment interest, costs, reasonable attorneys' fees and such other relief as the court deems proper. He is represented by Nathan D. Sturycz in Edwardsville.

U.S. District Court for the Southern District of Illinois case number 3:17-cv-00299

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