Date Received: 2017-06-28
Product: Other debt
Issue: Took or threatened to take negative or legal action
Consumer Consent Provided to Share Complaint: Consent provided
Consumer Complaint: CONVERGENT OUTSOURCING, INC. has never contacted me in writing regarding this time-barred debt. Cell phone debt has a federal statute of limitations of two years. After the statute of limitations has expired on a debt, it is considered time-barred.
In XXXX v. XXXX XXXX , XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX at XXXX [ XXXX XXXX ] and in XXXX XXXX XXXX XXXX. XXXX, XXXX XXXX XXXX [ XXXX. XXXX ], and its progeny, the courts have consistently held that FDCPA claims are viable where they are premised on a debt collector ‘s knowing attempts to collect time-barred debts. In these cases lawsuits were filed to collect the debts or lawsuits were threatened or ” further collection action ” was threatened. That is precisely what defendant has done here. Defendant knowingly and fraudulently transferred a prescribed debt onto another account then refused to heed disputes by plaintiff and his counsel. Worse yet, defendant has initiated collection actions, including dunning plaintiff, based on the new account which balance is solely consisting of the prescribed account balance. This plainly falls under the further collection action prong of this analysis.
It is fairly settled law that filing suit on a time-barred debt is a clear FDCPA violation. The seminal case is XXXX v. XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX XXXX ). Also :
Company: Convergent Resources, Inc.
State/Zip: IL 606XX
Company Response to Complaint: Closed with explanation
Was Company Response Timely: Yes
Did Consumer Dispute Company Response: N/A
Complaint ID: 2561105
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