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STOP Collector Blog From the law firm of Lemberg & Associates

Law Office of John P. Frye: From Our Case Files

On behalf of our client, Lemberg & Associates recently filed a complaint in U.S. District Court, Southern District of Georgia, against The Law Office of John P. Frye, P.C. Our client alleges that the Law Office of John P. Frye called her about a debt, and that she told them she couldn’t afford to pay it. She alleges that the Law Office of John P. Frye told her to put the collector on hold and contact family members to ask for a loan in order to pay the debt. Our client believed this was required, and did so. She told the debt collector that she had obtained a loan for a certain amount. The Law Office of John P. Frye told her that it sounded as if our client was “throwing out a random number and didn’t even try asking anyone for money.” The Law Office of John P. Frye then asked if they could contact our client’s mother and husband to ask for money. Our client said no.

The following day, when our client called the Law Office of John P. Frye, she asked for a copy of the original contract creating the debt. The Law Office of John P. Frye said that they would sell the debt and “things would get much worse” if our client insisted on receiving the contract. Even though our client hadn’t received a letter regarding her right to dispute, she alleges that the Law Office of John P. Frye demanded she pay the debt by the end of the week. Our client’s child became sick during the conversation, and our client tried to terminate the call, but the Law Office of John P. Frye kept her on the phone for two hours.

The lawsuit charges that the Law Office of John P. Frye 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 employing false and deceptive means to collect a debt; by using unfair and unconscionable means to collect a debt; by failing to send a letter within five days of initial contact; and by continuing collection efforts even though the debt had not been verified. The lawsuit also charges that the Law Office of John P. Frye violated the Georgia Fair Business Practices Act and engaged in public disclosure of embarrassing private facts.

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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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Stamford, CT 06905
855-229-9506
info@lemberglaw.com

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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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