Class Action Accusing Debt Collectors of FDCPA, TCPA Violations Moved to Ohio Fed. Court
by Erin Shaak
Last Updated on July 20, 2018
Fabec v. Debt Management Partners, LLC et al.
Filed: July 6, 2018 ◆§ 1:18-cv-01537
A proposed class action claims Capital Management, on Debt Management Partners' behalf, placed 'at least thirty' unauthorized calls to a woman's phone without her prior consent.
Ohio
A proposed class action filed against Debt Management Partners, LLC and Capital Management Holdings, LLC accuses the debt collectors of violating the Fair Debt Collection Practices Act, the Telephone Consumer Protection Act, and Ohio state law in their communications with consumers. The plaintiff in the case says Capital Management, on Debt Management Partners' behalf, placed “at least thirty” unauthorized calls to her phone using an automated dialing system, communications to which she never consented. The woman says the defendants committed several infractions of state and federal law, including by:
- Using automated technology to place unsolicited calls;
- Failing to identify themselves as debt collectors attempting to collect a debt;
- Misrepresenting themselves as “mediators, investigators, legal processors, and other entities”;
- Threatening litigation;
- Contacting third parties about consumer debts; and
- Failing to inform consumers of their rights regarding debt collection.
Originally filed in state court, the lawsuit has since been removed to the District Court for the Northern District of Ohio.
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