MIAMI (Legal Newsline) – A consumer has filed a class action lawsuit against a debt collector and attorney over claims that it sent a demand letter to him containing false misrepresentations of an alleged debt.
Donald Gentile filed a complaint on behalf of all others similarly situated in the U.S. District Court for the Southern District of Florida against Modlin & Associates PA and Scott E. Modlin alleging violation of the Fair Debt Collection Practices Act.
According to the complaint, the plaintiff alleges that in July, he received a demand letter for an alleged debt he owed from the defendants. The plaintiff holds Modlin & Associates PA and Modlin responsible because the defendants allegedly failed to include the name of the creditor to whom plaintiff's debt is owed and the correct amount of the alleged debt in the demand letter they sent him.
The plaintiff seeks statutory damages, court costs, interest and any further relief the court grants. He is represented by Leo W. Desmond and Sovathary K. Jacobson of Desmond Law Firm PC in Vero Beach, Florida.
U.S. District Court for the Southern District of Florida Case number 9:16-cv-81628-DMM