Collection agency sued for not marking debt as disputed on man's credit report

TYLER - An Overton man is suing a Richardson collection agency for failing to indicate that he was disputing a debt on his credit report.

Gary Adams filed suit against Hillcrest Davidson & Associates LLC on Aug. 24 in the Eastern District of Texas, Tyler Division.

Adams states that he received a "dunning" letter from the defendant on March 6. Later the same day, Adams received a phone call from one of defendant's representatives. Adams told the representative that he was disputing the debt and requested that a note be made on his credit report.

The defendant refused to agree to mark the debt as disputed, unless Adams agreed to make a commitment to pay. The defendant also stated that it had "more than enough proof" that the debt belonged to Adams and that the proof is sufficient for an adverse note to be made on Adams' credit report.

The defendant is accused of violating the Fair Debt Collection Practices Act by engaging in conduct that is harassing, oppressing and abusive and by communicating or threatening to communicate to any person credit information which is false, including the failure to communicate that a disputed debt is disputed.

The plaintiff is seeking an award of statutory damages, court costs and attorney's fees.

Adams is represented by Michael H. Agruss of Krohn & Moss Ltd. in Chicago, Ill.

U.S. District Judge Michael H. Schneider is assigned to the case.

Case No. 6:11-cv-00434