Baylor & Connor Faced with Multiple-Count FDCPA Lawsuit

New to ClassAction.org? Read our Newswire Disclaimer

Baylor & Connor, Inc. is the defendant in a proposed class action lawsuit alleging it violated several provisions of the Fair Debt Collection Practices Act (FDCPA) by misrepresenting the legal status of a debt and purporting to be a law firm. According to the suit, the defendant, which is also known as Music Merchant Recovery, sent the plaintiff two collection letters regarding a supposed debt he owed in connection with a violin rental for his daughter. The first letter allegedly referenced a “Case Number” and “Amount of Complaint” and advised the plaintiff that his creditor had “initiated a complaint of Theft of Services against [him].” The suit argues that this language was meant to falsely imply to the plaintiff that legal action had been taken against him when no lawsuit had been initiated.

Even further, the second letter allegedly informed the plaintiff that “once this complaint has been turned over to the prosecutor, you will be responsible for all additional fees, including but not limited to additional rental fees, court costs, attorney’s fees and all fines imposed by the courts.” According to the complaint, the plaintiff would not, in fact, be liable for any extra rental fees and could not be charged attorneys’ fees in criminal court.

Finally, the suit accuses the defendant of purporting to be a law firm. According to the complaint, Baylor & Connor, in the second letter, threatened to “advise our client to turn this matter over to the County Prosecutor,” closed with “govern yourself accordingly” and included a signature from a “Senior Partner.” The suit argues that this language, along with the structure of the company’s name, are meant to falsely imply to consumers that the defendant is a law firm and intimidate them into paying their debts.