On behalf of our clients, Lemberg & Associates recently filed a complaint in U.S. District Court, District of Arizona, against Wakefield and Associates. Our client alleges that Wakefield and Associates called his cell phone three or four times per week, and several times as early as 7:00 a.m. He also alleges that Wakefield and Associates failed to identify the name of the company, and didn’t say to whom the debt was owed or in what amount. Although our client requested written validation of the debt, Wakefield and Associates failed to provide it. The debt collection agency said that it had already sent verification and that it wasn’t required to send anything further. Although our client requested that Wakefield and Associates only communicate with him in writing, Wakefield and Associates continued to call. Moreover, Wakefield and Associates said that the debt would “kill” our client’s credit report.
The lawsuit charges that Wakefield and Associates violated the Fair Debt Collection Practices Act (FDCPA) by engaging in harassing behavior; by failing to send a validation notice; by not disclosing the identity of the debt collection agency; by using false, deceptive, or misleading representation in connection with the collection of a debt; by threatening to communicate false credit information; and by failing to send written notification.