PA Man Files FDCPA Suit Over Debt Collectors’ ‘False Threats’

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A Pennsylvania consumer has filed suit against Herschel, Goldman & Associates, LLC; P&B Capital Group, LLC; and Deville Asset Management, Ltd. claiming the defendants violated the Fair Debt Collection Practices Act (FDCPA). According to the complaint, the debt collectors called the plaintiff, his mother, and his grandmother on multiple occasions demanding that he pay the debt and threatening to sue the plaintiff, garnish his wages, and put a lien on his mother’s property. The suit claims the callers did not identify themselves as debt collectors attempting to collect a debt in violation of the FDCPA.

The complaint then goes on to say that the plaintiff, intimidated by the defendants’ “false threats,” agreed to make two payments. The debt collectors, however, withdrew from his bank account more money than he authorized and failed to send him any written notice prior to collecting the payments, the lawsuit alleges.

Finally, the plaintiff claims he disputed the unauthorized amounts with his bank and was then contacted by one of the defendants’ representatives, who left him a voice message that allegedly contained no clear identification of the caller and falsely threatened to sue the plaintiff “for three times the amount” he supposedly owed. The suit argues that the defendants did not intend to follow through with their threats and only meant to intimidate the plaintiff into paying off his account.