An Illinois woman is pursuing a class action lawsuit Everest Receivable Services, Inc. and DNF Associates, alleging that the companies violated federal and state law in their debt collection practices.
The suit was filed by attorneys Bryan Paul Thompson, of the Chicago Consumer Law Center, and Stacy M. Bardo, of Bardo Law, of Chicago. The lawsuit was filed on behalf of named plaintiff Patricia Montgomery in Cook County Circuit Court.
The suit alleges that Everest, a Delaware corporation employed by DNF to collect debt, violated both the federal Fair Debt Collection Practices Act and the Illinois Collection Agency Act.
According to the complaint, DNF purchased debt incurred in Mongomery's name, and hired Everest to collect it.
However, the suit alleges that an email from Everest portrayed the situation in a manner that “falsely implied that the alleged debt was still being collected on behalf of the original creditor.” The suit further alleges this and similar elements of a subsequent email violate provisions against “false, deceptive or misleading representation” in debt collection.
The suit also alleges that Everest provided a false and confusing name of the original creditor, amounting to a violation of state law.
Montgomery is seeking certification of a proposed class of additional plaintiffs; designation as the class representative; actual and statutory damages; and attorney fees.