Consumer files two lawsuits against debt collectors

Michelle Massey, East Texas Bureau Aug. 11, 2010, 6:53am

SHERMAN-A Lewisville resident has filed two lawsuits against debt collectors for violating the Fair Debt Collection Practices Act.

Arlene Arkus filed suit against Richard J. Boudreau & Associates on Aug. 5 in the Eastern District of Texas, Sherman Division. She also filed a lawsuit against Nationwide Credit Inc.

Defendant Richard J. Boudreau & Associates is a collection law firm in Salem, N.H., which allegedly threatened to take legal action against Arkus.

Arkus states that although threatened with legal action the defendant did not intend to take legal action as their collection letter states that "no attorney with this firm has personally reviewed the particular circumstances of Arkus' account."

Defendant Nationwide Credit is accused of attempting to collect an American Express debt after a cease and desist letter was sent regarding the alleged debt.

The defendants are accused of violating the Fair Debt Collection Practices Act by engaging in conduct that harasses, oppresses, and abuses Arkus, by using false, deceptive, and misleading representations in connection with any debt and by threatening to take legal action even though it has not or does not intend to take action.

The plaintiff is asking for an award of statutory damages of $1,000.00 pursuant to the Fair Debt Collection Practices Act, costs and attorneys' fees.

Arkus is represented by Los Angeles, Calif., attorney Michael S. Agruss of Krohn & Moss, Ltd. Jury trial requested.

U.S. District Judge Richard A. Schell is assigned to the case.

Case Nos. 4:10cv00393 and 4:10cv00394

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