Thursday, April 3, 2008

Pennsylvania Woman Strikes Back Against Unlawful Debt Collection

The Law Office of Dimitrios Kolovos, LLC filed a lawsuit on behalf of a PA consumer against Richard J. Boudreau & Associates, LLC and employees alleging unlawful debt collection practices. The lawsuit is pending before the federal court in the Middle District of Pennsylvania and seeks damages, attorney's fees, and costs of the litigation.

According to the Complaint, Richard J. Boudreau & Associates, LLC through various employees violated the consumer's Fair Debt Collection Practices Act (FDCPA) rights, a federal law that regulates the activities of debt collectors. The Complaint alleges, among other things, that the Defendants misrepresented the amount and legal status of the alleged consumer debt; unlawfully threatened to place a lien on the Plaintiff's home and garnish her wages; interfered with her attorney/client relationship; screamed at the Plaintiff; contacted the Plaintiff despite knowing she was represented by counsel; and threatened to disclose the debt to Plaintiff's human resources department.

According to her attorney, Joseph A. Mullaney, III, "debt collectors who engage in abusive and harassing conduct against consumers violate the FDCPA." Consumers who file claims against these types of debt collectors "are entitled to damages, attorney's fees, and costs if they are successful in proving violations," says Mullaney. This case is particularly egregious in that employees for Richard J. Boudreau & Associates tried to scare the Plaintiff by threatening to disclose the debt to her human resources departement. "There are very few people who a debt collector can legally disclose the details of an alleged consumer debt," Mullaney continues, "employers generally are not one of them." Anyone who believes his or her debt collection rights may have been violated should immediately seek legal counsel.

UPDATED: April 22, 2009

Richard J. Boudreau & Associates, LLC served on the Plaintiff a Rule 68 Offer of Judgment on or about October 24, 2008, in which it offered to allow Plaintiff to take a judgment against Richard J. Boudreau & Associates, LLC under the Fair Debt Collection Practices Act. Defendant "admits liability for the sole purposes of resolving Plaintiff's claims..." the Rule 68 Offer of Judgment stated. Although the Defendant tried to deny wrongdoing, the Offer of Judgment's admission of liability coupled with its statement that "judgment shall be entered against" Richard J. Boudreau & Associates, LLC speaks for itself. Its Offer of Judgment, rejected by the Plaintiff, including its admission of liability can be viewed as the three images to the right.

Pennsylvania and New Jersey consumers who believe their fair debt collection rights have been violated are invited to visit for a free case evaluation by an experienced consumer rights attorney with the Law Office of Dimitrios Kolovos, LLC. Nothing stated herein may be construed nor is it intended to be legal advice. For legal advice, consult an attorney.