HOUSTON – A consumer alleges she was damaged because a debt collector failed to state in a letter that all disputes must be done in writing.
Nadia Mackey, individually and on behalf of all others similarly situated, filed a complaint on July 7 in the U.S. District Court for the Southern District of Texas against Michael Andrews & Associates LLC, Autovest LLC and John Does 1-25 alleging that they violated the Fair Debt Collection Practices Act.
According to the complaint, MarkOne Financial LLC sold an alleged debt to Autovest, who assigned Michael Andrews & Associates to collect it. The suit states that on July 15, 2016, the plaintiff received a collection letter from Michael Andrews & Associates that failed to state that any dispute of the debt must be done in writing.
The plaintiff holds Michael Andrews & Associates LLC, Autovest and John Does 1-25 responsible because the defendants allegedly failed to accurately convey the validation notice.
The plaintiff requests a trial by jury and seeks an order declaring this action is maintained as a class action, certifying plaintiff as class representative and her counsel as class counsel, award for actual and statutory damages, costs of this action and such other just and proper relief. She is represented by Daniel Zemel of Zemel Law LLC in Kearny, New Jersey and Yitzchak Zelman of Marcus Zelman LLC in Ocean, New Jersey.
U.S. District Court for the Southern District of Texas Case number 4:17-cv-02080