AT&T, TrueAccord Trying to Collect on an Already-Repaid Debt, Says Complaint
TrueAccord and AT&T Mobility falsely attempted to collect on a debt that was already paid, alleged Mina Shenoda in a complaint Monday (docket 1:24-cv-00216) in U.S. District Court for Northern Ohio in Cleveland.
Sign up for a free preview to unlock the rest of this article
Export Compliance Daily combines U.S. export control news, foreign border import regulation and policy developments into a single daily information service that reliably informs its trade professional readers about important current issues affecting their operations.
Shenoda, a Parna Heights, Ohio resident, brought a lawsuit (docket 1:21-cv-01183) against two debt collectors in 2021 -- Sequium Asset Solutions (SAS) and AFNI -- also in the Northern Ohio district Court. In that case, Shenoda alleged AFNI began to collect upon a satisfied debt in violation of the Fair Debt Collection Practices Act (FDCPA) and the Ohio Consumer Sales Practices Act (CSPA). The case was resolved “amicably” among the parties with a confidential settlement agreement in August, it said.
In March 2022, Shenoda filed suit against debt collectors nonparty I.C. System (ICS) and AFNI (docket 1:22-cv-00403), also in Cleveland federal court, the complaint said. His first amended complaint dismissed AFNI and added AT&T Mobility, it said. The crux of the 2022 litigation was that ICS began to collect on the “same satisfied debt” that was the center of the 2021 lawsuit, it said. The 2022 suit was also “resolved amicably” with a confidential settlement agreement and dismissed with prejudice in September, the complaint said.
Last month, Shenoda received three emails from TrueAccord, trying to collect on a debt he purportedly owed to AT&T, the complaint said. When he reviewed the emails, Shenoda “immediately knew this debt was the same debt” involved in the 2021 and 2022 lawsuits, it said. He notified TrueAccord that the debt was “previously resolved” and requested that the debt collector “cease contact,” it said, but it has continued to contact Shenoda by email and phone “maintaining this debt is owed by Shenoda,” it said.
Shenoda has suffered actual damages including stress and anxiety related to the “ongoing written and verbal communications from debt collectors,” plus attorneys’ fees and costs related to the litigation, the complaint said. The plaintiff asserts violations of the FDCPA and CSPA. He seeks an award of actual damages and statutory damages of at least $1,000 for alleged FDCPA violations by TrueAccord, an award of statutory damages vs. each defendant jointly and severally for CSPA violations, and statutory noneconomic damages of $5,000 vs. each defendant for CSPA violations, plus attorneys’ fees and costs. AT&T and TrueAccord didn't comment Tuesday.