An Alabama man is the plaintiff in a proposed class action that alleges Convergent Outsourcing, Inc. attempted to collect a delinquent debt the man supposedly owed to Verizon Wireless. According to the complaint, the plaintiff filed a Chapter 7 bankruptcy petition in January 2017 and, shortly thereafter, Verizon Wireless was sent a notice of bankruptcy by the court. The plaintiff was granted a discharge of his debts in April 2017, with Verizon Wireless being kept in the loop about this development later that month, the suit says.
After receiving collection notices from Verizon Wireless demanding payment of his supposed debt, the plaintiff in May 2017 sent the company a letter demanding they stop trying to collect his discharged obligation, according to the complaint.
“[The plaintiff’s bankruptcy is a matter of public record, is on his credit reports, is in the files on the creditor, and is readily discoverable by any competent debt collector via one of the bankruptcy ‘scrub’ services,” the complaint mentions. “In fact, on May 22, 2017, [Convergent] pulled [the plaintiff’s] Experian credit report, which clearly lists his bankruptcy upon it.”
Despite this, the case claims the same day the plaintiff’s credit report was pulled he received a collection letter from the defendant demanding payment of the discharged Verizon Wireless debt, conduct the lawsuit alleges is a violation of the Fair Debt Collection Practices Act (FDCPA).