NORFOLK, Va. (Legal Newsline) – A Franklin, Virginia resident has filed a class-action lawsuit against a debt collector over the alleged contents in a dunning letter.
Tamika Harrell-Warren, individually and on behalf of all others similarly situated, filed a complaint on Jan. 30 in the U.S. District Court for the Eastern District of Virginia, Norfolk Divison against Newsome Law Office PLLC and John Does 1-25 alleging violation of the Fair Debt Collection Practices Act.
According to the complaint, the plaintiff alleges that on Jan. 30, 2017, she was contacted by the defendants to collect an allege debt. She alleges the defendants' dunning letter states "RE: Franklin Hospital Corporation dba Southampton V. Tamika M. Harrell-Warren," and that the "v" implies current litigation. The suit states no litigation exists and that the threat of current litigation "coerces the consumer not to exert her rights" under the FDCPA.
The plaintiff holds Newsome Law Office PLLC responsible because the defendant allegedly made false and misleading representation in the character, amount of legal status of the debt and made threats to take any action that cannot legally be taken or that is not intended to be taken.
The plaintiff requests a trial by jury and seeks award for statutory and actual damages, costs of action, pre- and post-judgment interest, and such other and further relief as the court may deem just and proper. She is represented by Aryeh E. Stein of Meridian Law LLC in Baltimore, Maryland and Yaakov Saks of RC Law Group PLLC in Hackensack, New Jersey.
U.S. District Court for the Eastern District of Virginia, Norfolk Division case number 2:18-cv-00055-HCM-RJK