ST. LOUIS — A St. Louis consumer is suing a debt collector, citing alleged misrepresentation in debt collection.
Tommie L. Shears filed a complaint on May 5, in the U.S. District Court for the Eastern District of Missouri Eastern Division against Afni Inc. and Does 1-4 alleging that the defendants violated the Fair Debt Collection Practices Act (FDCPA).
According to the complaint, the plaintiff alleges that on May 27, 2016, and July 26, 2016, he received letters from the defendants attempting to collect an allege debt. Shears claims that the letters created a false impression that the defendants acted as creditors when in fact its only participation in such collection is acting as a mailing service or third party on behalf of creditor Dish Network.
The plaintiff holds Afni and Does 1-4 responsible because the defendants allegedly misrepresented the legal status of the debt and threatened to take action that was neither intended nor authorized.
The plaintiff requests a trial by jury and seeks judgment for statutory damages of $1,000, actual damages, pre and post-judgment interest, costs, attorneys' fees, and such other or further relief as the court deems just and proper. He is represented by Nathan D. Sturycz of Nathan D. Sturycz in Edwardsville, Illinois.
U.S. District Court for the Eastern District of Missouri Eastern Division Case number 4:17-cv-1449