McCarthy, Burgess & Wolff charged with deceptive collection practices

By Kristine Gonzales-Abella | Oct 28, 2018

BEAUMONT — A consumer has filed a class-action lawsuit against McCarthy, Burgess & Wolff, citing misrepresentations and false threats.

Terry Hamilton, individually and on behalf of all others similarly situated, filed a complaint on Oct. 2, in the U.S. District Court for the Eastern District of Texas, against McCarthy, Burgess & Wolff Inc., alleging that the Ohio corporation violated the Fair Debt Collection Practices Act.

The plaintiff alleges that on Oct. 16, 2017, and Nov. 20, 2017, she received a computerized collection letter from defendant, offering to settle her past due account for 45 percent off. As a result of defendant's misrepresentations, she has suffered fear, stress, mental anguish, emotional stress and loss of time as well as attorneys’ fees paid for advice regarding this matter.

The plaintiff holds McCarthy, Burgess & Wolff, Inc. responsible because the defendant allegedly offered her discount with the same exact deal twice and implying on both times that the offer would not be extended again.

The plaintiff requests a trial by jury and seeks actual and statutory damages, costs, and reasonable attorneys’ fees and such other and further relief as deemed just and proper. She is represented by Joel S. Halvorsen of Halvorsen Klote in St. Louis.

U.S. District Court for the Eastern District of Texas Case number 6:18-cv-00521 

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Halvorsen Klote U.S. District Court for the Eastern District of Texas

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