Lawsuit: DCM Unlawfully Demands Payment from Woman for Late Husband’s Medical Expenses
by Erin Shaak
Last Updated on May 8, 2018
Machnik v. DCM Services, LLC
Filed: October 13, 2017 ◆§ 2:17-cv-01409
DCM Services, LLC is on the receiving end of a proposed class action lawsuit alleging that it unlawfully sought to collect a debt for medical services from the spouse of a man who had passed away.
DCM Services, LLC is on the receiving end of a proposed class action lawsuit alleging that it unlawfully sought to collect a debt for medical services from the spouse of a man who had passed away. The plaintiff in the case, the man’s wife, says she received several debt collection letters from the defendant indicating that she “may have liability” for her late husband’s medical expenses. The suit argues that the plaintiff’s liability to pay the debts had not yet been established only weeks after her husband’s death and that the defendant’s demand for payment was an illegal attempt to “capitalize on the death in the family to collect debts that the spouse and immediate family members may not be obligated to pay.”
The complaint further alleges that the defendant specified in one of the letters that it was collecting a debt incurred for services performed on February 13, 2017 when it also listed medical services performed on various other dates. According to the suit, this statement would cause the unsophisticated consumer to be unsure as to whether the defendant was attempting to collect the entire account balance or just the amount incurred on the listed date.
Finally, the complaint claims the defendant failed to include a required validation notice in its communications informing the plaintiff of her right to request validation or dispute the debt.
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