An Illinois debt collection agency faces accusations of using false representation to intimidate people into paying their debts, according to a class action lawsuit filed on Feb. 26 in Cook County Circuit Court.
The class is represented by plaintiff Jose Avina, whose charged-off credit card balance was placed into the custody of defendant Qualia Collection Services (QCS).
According to the complaint, Avina received a letter from QCS with notice of their possession of the debt account that allegedly said a copy of a judgment on the plaintiff's debt would be obtained and mailed to him, allegedly leading Avina to believe there was a judgment or intent to file a judgment against him, when there was neither.
The letter from QCS also reportedly listed fees and interest on the debt, when no fees or interest could accrue on a charged-off account.
The lawsuit alleges QCS violated the Fair Debt Collection Practices Act (FDCPA) by allegedly falsely threatening to take action that cannot be legally taken or is not intended to be taken, including threatening to obtain a judgment.
Avina is requesting statutory damages and litigation fees for all members of the class whose legal status of debts was allegedly misconstrued by the defendant.
The plaintiff is represented by attorneys Michael Wood and Celetha Chatman, of Community Lawyers LLC, of Chicago.