On behalf of our client, Lemberg & Associates recently filed a complaint in U.S. District Court, District of Colorado, against Zeller & Associates.
Our client alleges that Zeller & Associates contact her in order to collect a $100 debt. During their first communication, our client told Zeller & Associates she was unemployed, and could only pay $10 a month towards the debt. The collector told our client that the amount was not acceptable and they would serve her with papers. The collection agency left pre-recorded voicemails on her cell phone that said there were calling about an “asset and liability investigation” and asked her to call their “pre-legal department.” After that, our client again offered to pay $10 a month to Zeller & Associates. The collector responded by asking our client to confirm her address, and then told her that they would immediately serve her papers at that address. Then our client asked Zeller & Associates for something in writing about the debt up to the present date. Zeller & Associates did not send her anything, including a letter that would inform her of her rights under federal law. In fact, Zeller & Associates told her that they don’t send out letters to debtors and she would be served papers.
The lawsuit charges that Zeller & Associates violated the Fair Debt Collection Practices Act (FDCPA) by engaging in harassing behavior; by using false, deceptive, or misleading representation in connection with the collection of a debt; by threatening to take legal action without actually intending to do so; by using unfair and unconscionable means to collect a debt; by failing to send a validation notice; by misrepresenting the character, amount, and legal status of a debt; by continuing collection efforts even though the debts had not been verified; and by employing false and deceptive means to collect a debt.