Attorney General Sues Florida Debt Collector Alleging Abusive Practices In Ohio
Ohio Attorney General Dave Yost has filed a lawsuit against a Florida debt collector who employed harassing and abusive tactics in an attempt to recover debts from Ohio residents. The lawsuit was filed in October in the Franklin County Common Pleas Court. It targeted an Orlando-based debt collector who operated under names such as Franklin Moss & Associates in an attempt to make his business look like a law firm. The complaint alleges that the business’s owner, Chris Rivera, frequently changed business names and purposefully used names that sounded like law firms in an attempt to scare consumers into believing they would be sued if they did not pay their debts.
Yost’s office received 13 complaints from Ohio consumers alleging harassment and abuse from Rivera’s businesses. This included incessant phone calls and intimidating and threatening language. Some consumers reported that River threatened them with a lawsuit or jail time, or claimed that their bank accounts would be frozen. Many of the debtors did not believe that they were responsible for the debts or that they had already paid the debts.
Yost’s office alleges that the business the Fair Debt Collection Practices Act and the Ohio Consumer Sales Practices Act in the following ways:
- Using abusive or harassing language to collect debts
- Making false, misleading or deceptive representations in connection with the collection of debts
- Misrepresenting his business as being run by lawyers or affiliated with a law firm
- Contacting consumers repeatedly by phone to collect alleged debts after being advised by consumers that they did not owe the debts
- Threatening legal actions against consumers such as arrest or wage garnishment that he had no legal authority to follow up on or any intention of doing
- Telling consumers that the nonpayment of debts would result in the filing of civil lawsuits when such actions were unlawful
- Changing business names often to prevent consumers from obtaining reliable information about his business practices
- Failing to honor consumers’ written requests to verify the debts that he was attempting to collect
Yost’s lawsuit seeks to recover damages for consumers and civil penalties of $25,000 for each violation of the Ohio Consumer Sales Practices Act. He also seeks a permanent injunction to prevent Rivera and his businesses from violating the statute, regardless of what business name he uses.
Violations of the Fair Debt Collection Practices Act (FDCPA)
The company is accused of committing several violations of the FDCPA. Debt collectors are prohibited from making false or misleading representations regarding the recovery of a debt. This includes threatening lawsuits that they are legally prevented from pursuing. It also includes making incessant phone calls in an attempt to harass a debtor into paying the debt. Threatening to send someone to jail for the nonpayment of a debt is also illegal. Debt collection agencies are required to provide proof that the consumer owes the debt upon request.
Talk to a Debt Collection Abuse Attorney Today
Have you been harassed by a debt collector? Have they made unlawful threats against you? If so, you may be owed damages. The Columbus FDCPA attorneys at Kohl & Cook Law Firm, LLC represent the interests of those who have been unlawfully harassed by debt collectors. Call our office today to schedule an appointment, and learn more about how we can help.
Source:
ohioattorneygeneral.gov/Media/News-Releases/October-2023/AG-Yost-Sues-Florida-Debt-Collector-Alleging-Illeg
