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STOP Collector Blog From the law firm of Lemberg & Associates

Hillcrest, Davidson and Associates: From Our Case Files

On behalf of our clients, Lemberg & Associates recently filed a complaint in U.S. District Court, Northern District of Georgia, against Hillcrest, Davidson and Associates. Our client alleges that Hillcrest, Davidson and Associates called her father and told him that they were looking for her in order to collect a debt for a security system. Our client’s father told Hillcrest, Davidson and Associates that the debt was his, and not our client’s. Nevertheless, Hillcrest, Davidson and Associates contacted our client in an attempt to collect the debt. In every conversation, our client told Hillcrest, Davidson and Associates that the debt wasn’t hers and that she didn’t live at the address linked to the debt. She told them it was her father’s debt. Her father called and told Hillcrest, Davidson and Associates that the debt was his and asked them not to call his daughter. Our client contacted Hillcrest, Davidson and Associates to confirm that they had the right name on the account, but was told that she was still responsible for the debt. Hillcrest, Davidson and Associates also threatened to put the debt on her credit report if she did not immediately pay the debt. Even though our client sent a dispute letter to Hillcrest, Davidson and Associates, the debt collection agency placed a mark on our client’s credit report without marking the account as disputed.

The lawsuit charges that Hillcrest, Davidson and Associates violated the Fair Debt Collection Practices Act (FDCPA) by revealing debt information to third parties; 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; by failing to report to the credit bureaus that the debt was disputed; by employing false and deceptive means to collect a debt; by using unfair and unconscionable means to collect a debt; and by failing to send a validation notice. The lawsuit also charges that Hillcrest, Davidson and Associates violated the Georgia Fair Business Practices Act.

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Author
Sergei Lemberg

Sergei Lemberg is the principal at Lemberg & Associates, a consumer law firm that defends consumer rights in the areas of fair debt collection law, fair credit law, and lemon law, among others. He is regularly labeled by the debt collection industry as one of the “most active consumer attorneys” in the U.S.

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"The FDCPA is a consumer protection statute and was intended to permit, even encourage, attorneys like Lemberg to act as private attorney generals to pursue FDCPA claims."

U.S. Ninth Circuit Court of Appeals, Evon v. Law Offices of Sidney Mickell
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