Indiana Consumer Law Group/The Law Office of Robert E. Duff announces the filing of a lawsuit against Reliant Capital Solutions, LLC, a debt collector based in Gahanna, Ohio. The lawsuit, which has been filed in the United States District Court for the Southern District of Indiana, alleges that Reliant Capital Solutions violated the Fair Debt Collection Practices Act (“FDCPA”) in two ways. First, the plaintiff alleges that Reliant Capital Solutions falsely stated the amount of the debt when, within a five day period, in both a letter to plaintiff and on the plaintiff’s credit report, Reliant Capital Solutions variously stated that the balance owed was $5,100, $8,999 and $9,079. Obviously, all three figures cannot be correct. Second, the plaintiff alleges that Reliant Capital Solutions included attorney fees in the amount of $1,790.54 in the balance of the debt allegedly owed by plaintiff, even though there was no way attorney fees of that amount had been incurred. No lawsuit had been filed at that time and at most the law firm had sent plaintiff a few collection letters.
The FDCPA holds debt collectors strictly liable for falsely stating the amount of the debt – even if the balance claimed to be owed is only slightly off. By the same token, the FDCPA also prohibits debt collectors from attempting to collect collection fees, attorney fees or any other additional amount unless the fee is specifically permitted by the agreement creating the debt or otherwise allowed by law.