Schmidt v. Doe

3:95-cv-6 (WDO) (M.D. Ga. Apr. 17, 1996) ; Clearinghouse Number: 51146

Description

Debt Collector's Written Employment Verification Form Violates Fair Debt Collection Practices Act

Abstract

The district court has granted plaintiff consumer summary judgment and certified a class in these related Fair Debt Collection Practices actions. In Schmidt, plaintiff's debt for medical services was referred to defendant debt collector for collection. Defendant attempted to obtain employment location information from plaintiff's employer over the phone after the return of a check issued by plaintiff. Plaintiff's employer informed defendant that such information could not be verified over the phone, and defendant sent an employment verification form which listed defendant's business activities as "collection, credit reporting, management, marketing, mortgages." Plaintiff claimed that the verification form violated 15 U.S.C. §§ 1692b(1) and 1692b(5) by informing plaintiff's employer that defendant was in the debt collection business. Defendant argued that the communication did not conclusively establish on its face that it pertained to a debt or that plaintiff in fact owed a debt. The court held that the form violated the statute by indisputably indicating that defendant was in the debt collection business or that the communication related to the collection of a debt.

Additional Information

Attorney Information
Plaintiff represented by Barry G. Irwin, Suite 101, 129 Bryan St., Athens, GA 30601-1801, (706) 548-9500.
Docket Date
1970-01-01 06:00:00+00:00