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Saturday, November 2, 2024

Johari D. James sues Joseph, Mann & Creed for violations of the Fair Debt Collections Practices Act

Federal Court
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In the United States District Court for the Western District of Louisiana, plaintiff Johari D. James has filed a lawsuit against defendant Joseph, Mann & Creed under case ID 6:24-cv-00506-DCJ-DJA on April 15, 2024. The complaint alleges violations of the Fair Debt Collections Practices Act (FDCPA) and demands a jury trial.

The plaintiff, residing in New Iberia, Louisiana, accuses the Ohio-based debt collection company of engaging in abusive, deceptive, and unfair practices. According to the complaint filed by James himself, he had sent a letter disputing an alleged debt to Joseph, Mann & Creed on February 14, 2024 and requested all further communication via email only.

Despite this request confirmed received by a customer service representative at 4:08 p.m. on the same day, the defendant responded via mail on April 8th which was deemed inconvenient by the plaintiff. This action is claimed to be in violation of section 1692c(a)(1) of FDCPA. The plaintiff asserts that this has resulted in emotional distress including anger and anxiety as well as damage to his FICO scores.

James seeks judgment for violations of FDCPA along with actual damages under section 1692k(a)(1)(2), statutory damages under section 1692k(2), cost under section 1692k(3), and any other relief deemed just and proper by the court.

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