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GC Services facing a lawsuit for allegedly violated the Fair Debt Collection Practices Act (FDCPA)

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Claudia Garcia filed a lawsuit against GC Services claiming they violated the Fair Debt Collection Practices Act (FDCPA) by threatening to garnish her wages and tax returns. (Case No. 4:13-cv-00071)

Garcia claims that GC Services, in an attempt to collect a debt from her, threatened to garnish her wages and tax returns, when it could not do so. Garcia also states she told GC Services not to call her, but the calls persisted, in violation of the FDCPA.

The defendants are accused of violating the Fair Debt Collection Practices Act, which prohibits debt collectors from engaging in abusive, deceptive and unfair practices.

According to the Federal Trade Commission's website debt collectors are prohibited from saying:

  • you will be arrested if you don’t pay your debt;
  • they’ll seize, garnish, attach, or sell your property or wages unless they are permitted by law to take the action and intend to do so; or
  • legal action will be taken against you, if doing so would be illegal or if they don’t intend to take the action.

A victim has the right to sue a debt collector within 1 year from the date of the FDCPA violation. The court can require the debt collector to pay the victim compensation and attorney fees.  A group of people also may sue a debt collector as part of a class action lawsuit and recover money for damages up to $500,000, or one percent of the collector’s net worth, whichever amount is lower.

If a debt collector is harassing you in violation of the FDCPA, you may be entitled to compensation.  Please give the Consumer Protection Attorneys at M&F Law a call for a free consultation.



Category: FDCPA

Paul Mankin
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