CLEVELAND (Legal Newsline) – An Ohio woman alleges a debt collector attempted to collect a fee not authorized by an agreement.
Shana Mormon filed a complaint individually and on behalf of all others similarly situated on March 2 in the U.S. District Court for the Northern District of Ohio, Eastern Division against Revenue Group and John Does 1-25 alleging violation of the Fair Debt Collections Practices Act.
According to the complaint, the plaintiff alleges that the defendant sent her a collection letter in April 2017 and that the letter indicated that a $4.95 convenience fee would be charged for credit card and check payments via phone. She alleges she did not agree to the charge and that the fee is an attempt to collect an amount not owed by her.
"Defendant misled and deceived Plaintiff into the belief that she falsely owed an additional $4.95 when this charge is a violation of the FDCPA," according to the suit.
The plaintiff holds Revenue Group and John Does 1-25 responsible because the defendants allegedly made a false and misleading representation in violation of the FDCPA.
The plaintiffs request a trial by jury and seek judgment against defendant, award of statutory and actual damages, attorneys' fees, expenses, interest, and further relief as the court may deem just. She is represented by Amichai Zukowsky of Zukowsky Law LLC in Beachwood, Ohio.
U.S. District Court for the Northern District of Ohio, Eastern Division case number 1:18-cv-00491