A Chicago man has brought a class action lawsuit against a housing and apartment debt collector for allegedly violating the Fair Debt Collection Practices Act (FDCPA), according to documents filed March 1 in Cook County Circuit Court.
Plaintiff Scott Himmel, through his attorney Aaron Krolik, of Chicago, filed suit against defendant National Credit Systems (NCS).
According to the complaint, Himmel allegedly owes an outstanding debt from when he rented an apartment from North State Street Air Rights (Chicago) Owner LLC. The apartment property was managed by Golub Realty Services, Inc.
The debt was referred to NCS for collection. According to the suit, NCS sent written communication of the debt to the plaintiff, but listed the current creditor as "Marquee at Block Thirty Seven Apts."
The name listed as the creditor does not exist as a corporation or LLC in Illinois and is not a creditor at all; rather, it is the location of the apartment complex, the lawsuit says.
The complaint asserts the defendant allegedly violated the FDCPA by failing to disclose the actual name of the creditor, and did not provide the required statement on the written communication that the debt would be assumed as valid if the consumer did not dispute the validity of the debt within 30 days.
Himmel is seeking $1,000 in damages from NCS for himself and any other consumers affected by the alleged violation.