On behalf of our client, Lemberg & Associates recently filed a complaint in U.S. District Court, Northern District of Georgia, against Duvera Billing Services (also known as Palomar Associates. Our client alleges that he was contacted by Universal Data Services to pay a debt, which he then disputed. Universal Data Services said they didn’t have proof of the debt, and that it would close the account and send it back to Duvera Billing Services. He alleges that Duvera Billing Services sent three letters, each stating a different balance. Our client requested that Duvera Billing Services cease all communications and verify the debt. Duvera Billing Services didn’t respond to the request. Our client then received a cell phone call from Palomar Associates, and was transferred to a Duvera Billing Services debt collector who had previously called. Our client reiterated that he did not owe the debt, yet the debt collector threatened to report the dispute debt to the credit bureaus.
The lawsuit charges that Duvera Billing Services violated the Fair Debt Collection Practices Act (FDCPA) by contacting our client after having received a cease and desist letter; by engaging in harassing behavior; by using false, deceptive, or misleading representation in connection with the collection of a debt; by misrepresenting the character, amount, and legal status of a debt; by threatening to communicate false credit information; and by employing false and deceptive means to collect a debt. In addition, the lawsuit alleges that Duvera Billing Services violated the Georgia Fair Business Practices Act and the Telephone Consumer Protection Act.