Lafayette woman prevails over debt collection agency, receives $700
A federal judge has awarded a Lafayette woman $700, stemming from a debt collection agency’s harassment and violation of state and federal consumer protection laws.
Accredited Management Solutions, LLC, a debt collector based in East Amherst, N.Y., failed to respond to the allegations of Sharon Shibata, leading U.S. District Court Chief Judge Philip A. Brimmer on Tuesday to enter a judgment in her favor on her legal claims against the company.
Shibata, a resident of Lafayette, said that Accredited Management Solutions began calling her in February 2020 to collect on an automobile loan debt. On the voicemails left on her cell phone, the company allegedly failed to disclose that it was the source of the message and threatened legal action.
When Shibata called the company back to dispute the validity of the debt, two employees repeated the threat of a lawsuit or wage garnishment unless she paid the debt.
Shibata filed a federal lawsuit in April of last year, asserting violations of the Fair Debt Collection Practices Act and the Colorado Fair Debt Collection Practices Act. Specifically, she accused Accredited Management Solutions of using coercive tactics, false representation and attempting to collect on a debt beyond the legal deadline. She asked for an award of $1,000, which is the maximum allowed under the federal law.
Brimmer agreed the company had committed violations, namely placing the calls without disclosing its identity and threatening legal action despite the statute of limitations having passed. However, the judge found Shibata had not disputed the debt in writing as the law requires, meaning the company had not broken the law by ignoring her statements over the phone.
“Although plaintiff alleges that defendant left several voicemails and threatened legal action, this is not a case of the most egregious violation of the FDCPA,” Brimmer wrote in his September 21 order. “As a result, the Court finds that an award of $700 in statutory damages is appropriate.”
He also awarded Shibata more than $3,700 in attorney fees and $574 in other costs.
Complaints against Accredited Management Solutions on the Better Business Bureau’s website reflect similar concerns about threats and nondisclosure. There have been eight other consumer protection cases filed against the company since January of last year in federal courts across the country.
In August 2020, a district court judge in Texas awarded $500 to a plaintiff under similar circumstances. Shortly afterward, a judge in Florida awarded $2,000 for violations of both federal and state law. Accredited Management Solutions to appear in those cases as well.
The case is Shibata v. Accredited Management Solutions, LLC.
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