Class Action Claims PA Fire Recovery Unlawfully Billed Man for Fire Dept. Response to Accident
by Erin Shaak
Last Updated on July 20, 2018
Lamonaca v. PA Fire Recovery Service
Filed: July 6, 2018 ◆§ 1:18cv11419
PA Fire Recovery Service is facing a proposed class action in which the plaintiff claims the debt collector unlawfully demanded that he pay for a fire department’s response to his automobile accident.
PA Fire Recovery Service is on the receiving end of a proposed class action lawsuit in which the plaintiff claims the debt collector unlawfully demanded that he pay for a fire department’s response to his automobile accident.
According to the complaint, the plaintiff was involved in a three-vehicle accident in Pennsylvania on October 23, 2016, for which he was not at fault. The City of Chester Fire Department responded to the call but did not provide services to the plaintiff or his vehicle, the suit continues.
In August 2017, the defendant allegedly sent the plaintiff a letter demanding $600.00 for “Services Rendered” by the fire department per “Chester City Ordinance No. 6-2012.” The case claims the city ordinance referenced in the letter “has no legal effect and is not enforceable outside the City of Chester.” Further, the suit argues that no Chester City ordinance can hold the plaintiff – a not-at-fault driver – accountable for costs associated with services performed by the fire department.
The lawsuit suspects that the defendant also sent similar collection letters to the two other drivers involved in the accident and attempts to hold other individuals responsible for the cost of fire department responses to motor vehicle accidents as a matter of policy.
“As a matter of common business practice, Defendant Recovery deliberately and intentionally attempts to collect multiple bills for purported services from every person involved in an accident, irrespective whether such person was at fault in the accident,” the complaint reads.
Moreover, the suit says the letter also failed to inform the plaintiff of his right to dispute the supposed obligation as required under the Fair Debt Collection Practices Act (FDCPA).
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