Subrogating Insurer/Collector Threatens to Credit Report

This folder examines the FDCPA violation occurring when a debt collector threatens to do or take some action adverse to the consumer which the collector is not legally entitled to do.
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David A. Szwak
Posts: 1974
Joined: Thu Jul 13, 2006 11:19 pm

Subrogating Insurer/Collector Threatens to Credit Report

Post by David A. Szwak »

Alleged tortfeasors sustained injury caused by collection agency's practice of sending deceptive notices to alleged tortfeasors to collect on automobile insurers' subrogation claims, even though they made no payment and obtained attorneys' advice and one alleged tortfeasor recovered damages; the alleged tortfeasors spent time and incurred costs for credit reports and credit watch services to investigate fear of damaged credit, and even though one alleged tortfeasor consulted attorney representing her on her personal injury claim, her expenses for that consultation were caused by the notices. West's RCWA 19.86.020, 19.86.090.

Stephens v. Omni Ins. Co.
--- P.3d ----, 2007 WL 1180497
Wash.App. Div. 1,2007.
April 23, 2007
David Szwak
Chairman, Consumer Protection Section, Louisiana State Bar Association
Bodenheimer, Jones & Szwak
509 Market Street, 7th Floor
Mid South Tower
Shreveport, Louisiana 71101
Fax 318-221-6555
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