A New York debt collection agency is being sued for allegedly violating the Fair Debt Collection Practices Act by threatening to sue a Houma woman when it did not intend to do so.
Wendy Trahan filed suit against Global Credit & Collection Corp. on Aug. 1 in federal court in New Orleans.
According to the lawsuit, the defendant contacted Trahan about an obligation she owed to Capital One Services on Jan. 14, 2011. The debt collector threaten to sue Trahan if she did not satisfy the debt, although the defendant did not have the ability to sue the plaintiff.
About a month later, Global Credit allegedly contacted Trahan's mother and falsely represented that there was a pending legal matter against Trahan. The defendant also contacted Trahan's father's place of employment and left a voicemail regarding a breach of agreement.
The defendant is accused of violating the Fair Debt Collection Practices Act by communicating with a third party in connection with the collection of the debt without Plaintiff's consent, using false, deceptive or misleading representations or means in connection with the collection of the debt, by threatening to take action that cannot legally be taken or was not intended to be taken.
The plaintiff is seeking an award of actual damages, statutory damages, costs and attorney's fees.
Trahan is represented by Greta L. Wilson of Macey & Aleman, P.C. of New Orleans. A jury trial is requested.
U.S. District Judge Jay C. Zainey is assigned to the case.
Case No. 2:11-cv-01841