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• Fair Debt Collection Practices Act
• FDCPA- Case Results and Settlements

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DISCLAIMER: Please note that every case is different and these verdicts and settlements, while accurate, do not represent what we may obtain for you in your case.

FDCPA- Case Results and Settlements

The following are some recent FDCPA case results that John Cole Gayle, Jr. has obtained. The names of our clients have been withheld due to privacy laws.

- At various and multiple times prior to the filing of the complaint, within one year of the filing of the complaint, the debt collector contacted the Plaintiff in an attempt to collect an alleged outstanding debt. The debt collector’s conduct violated the FDCPA in multiple ways.
     In May 2009, the matter was resolved by a cash payment with the agreement of all parties. The terms of the settlement are confidential.

- At various and multiple times prior to the filing of the complaint, within one year of the filing of the complaint, the debt collector contacted the Plaintiff in an attempt to collect an alleged outstanding debt. The debt collector’s conduct violated the FDCPA in multiple ways.
     In August 2009, the matter was resolved by a cash payment with the agreement of all parties.

- At various and multiple times prior to the filing of the complaint, within one year of the filing of the complaint, the debt collector contacted the Plaintiff in an attempt to collect an alleged outstanding debt. The Debt collector contacted the Plaintiff at work, on the cell phone, and contacted co-workers. The Plaintiff also asked the debt collector to validate the debt, and to cease and desist contact. The debt collector also made false, deceptive, and misleading representation stating that a judgment had been entered against the Plaintiff.
     In September 2009, the matter was resolved by a cash payment with the agreement of all parties.

-  At various and multiple times prior to the filing of the complaint, within one year of the filing of the complaint, the debt collector contacted the Plaintiff in an attempt to collect an alleged outstanding debt. The debt collector communicated with the Plaintiff at places known to be inconvenient to the Plaintiff, including his place of employment despite being repeatedly told to stop; failed to validate the debt at the time of initial contact and/or in writing within five days thereafter; failed to cease communications after being directed to do so by the Plaintiff; failed to disclose in the initial communication the Plaintiff had thirty days to dispute the debt; threatened to take legal action that cannot be taken; and, stated or implied that legal action is imminent when it is not.
     In September 2009, the matter was resolved by a cash payment with the agreement of all parties.

-    At various and multiple times prior to the filing of the complaint, within one year of the filing of the complaint, the debt collector contacted the Plaintiff in an attempt to collect an alleged outstanding debt. The Defendant’s conduct violated the FDCPA in multiple ways, including but not limited to:
     a) Making false and misleading representations regarding the amount and status of the debt;
     b) Communicating to any person credit information which should be known to be false, including failure to communicate that a disputed debt is disputed.
     c) Using false, deceptive, or misleading representations in connection with the collection of this debt,;
     d) The attempt to collect an amount not authorized by any agreement between the creditor and the Plaintiff.

     As a result of the above violations of the FDCPA, the Defendant is liable to the Plaintiff for her statutory damages costs and attorney fees.
     In February 2010, the debt collector agreed to waive and release any right it had to collect on the balance of the debt. The debt collector further agreed to close the account and agreed not to sell or reassign the debt. The matter was resolved by a cash payment with the agreement of all parties.