ST. LOUIS — A St. Louis County man is suing a collection agency, citing alleged violation of the Fair Debt Collection Practices Act (FDCPA).
Stephen Kelley filed a complaint on Feb. 9 in the U.S. District Court for the Eastern District of Missouri against Franklin Collection Services Inc., d/b/a The Collection Firm of Franklin Collection Service Inc., alleging that the agency violated FDCPA through abusive, deceptive and unfair debt collection practices.
According to the complaint, the plaintiff alleges that on Nov. 1, he suffered damages, including humiliation, anger, anxiety, emotional distress, fear, frustration and embarrassment due to a letter the defendant sent, attempting to collect on alleged debt. The letter falsely implied that the defendant was a law firm instead of a collection firm, that a legal action was imminent and that it employs "case workers" that created the impression that it employed personnel with legal training in order to handle plaintiff’s “case,” the complaint states. The plaintiff holds Franklin Collection Services responsible because the defendant allegedly misrepresented the legal status of the debt and conveyed a threat of legal action against the law.
The plaintiff requests a trial by jury and seeks judgment against the defendant, statutory and actual damages, costs, attorneys’ fees, interest and further relief as the court deems just. He is represented by attorney Nathan D. Sturycz in Edwardsville.
U.S. District Court for the Eastern District of Missouri Case number 17-cv-00582