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Did a Debt Collector Call You a Liar?

by | May 9, 2013 | Debt Collectors, Debt Settlement

If so, that debt collector could be liable under the Federal Debt Collection Practices Act (FDCPA). Earlier in April, the federal District Court for the Eastern District of Michigan held that when a debt collector accuses a debtor of lying during a telephone call, a claim can be made under the harassment and abuse provisions of the FDCPA.

In Summers v. Merchants & Medical Credit Corp, the plaintiff alleged that a debt collector accused her of being dishonest and lying about her occupation. The plaintiff also alleged that the collector threatened to turn her account over to an attorney if she did not pay. Defendants filed a motion to dismiss for failure to state a claim. District Judge Terrence G. Berg denied the motion, noting “some courts have found that calling a debtor a ‘liar’ could make a claim for harassment.”

If you are receiving harassing calls from debt collectors, contact a debt settlement attorney who understands your rights under the FDCPA and can protect you from harassment.

 

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Kevin Fallon McCarthy

Kevin Fallon McCarthy is the McCarthy Law PLC’s managing attorney and an experienced Phoenix debt attorney. Mr. McCarthy has also worked as general counsel for a large corporation. He has corporate counsel experience in human resource matters, general corporate governance, and union class action litigation.