Alabama consumer sued Pinnacle Credit Services, LLC and B & T Financial Services alleging that B & T Financial violated the Fair Debt Collection Practices Act (“FDCPA”) while collecting an account on behalf of Pinnacle Credit Services.
The FDCPA complaint alleged that B & T Financial threatened litigation that it was not authorized or did not intend to file.
The complaint also alleged that B & T Financial contacted third parties although B & T Financial already had consumer “location information”. The FDCPA complaint further alleged that B & T Financial revealed details of the debt to the third parties and/or requested the third parties to communicate with consumer.
The factual allegations in the Fair Debt complaint against Pinnacle Credit Services and B & T Financial are just that — alleged facts.
The alleged facts were never proven in court.
The allegations against Pinnacle Credit Service arise from B & T Financial’s alleged violations based upon a respondeat superior theory.
The Alabama complaint also alleged three additional claims arising from Alabama law — that defendants : (1) invaded her privacy by revelation of private financial facts to a third party; (2) negligently, wantonly, and/or intentionally hired and supervised incompetent debt collectors; and (3) committed negligent, wanton, and intentional conduct which injured the consumer. The Court never ruled on liability of either defendant based upon the consumer’s FDCPA or state law causes of action.
The complaint drafted by the Alabama consumer protection lawyer is the product of his experience and judgment. This case demonstrates the importance of hiring experienced debt harassment lawyers who are licensed in your state, are well versed in your state’s laws, and are familiar with your state’s courts. So-called “national law firms” do not have this capability or experience.
If you are receiving calls or letters attempting to collect a debt from Pinnacle Financial Corporation or from a collection agency who is attempting to collect on Pinnacle Financial Corporation’s behalf, you are welcome to contact me by completing the Contact Form in the right hand column of this page. If you are a Florida resident, you are also welcome to call my office. If you are a Florida resident, I will contact you to discuss your situation and how I may be able to assist you.
If you are not a Florida resident, I will try (as a courtesy) to provide you with the name and contact information concerning experienced debt harassment lawyer who is licensed to practice law in your state or resources to help you locate an experienced debt harassment lawyer.
(C) 2011 Donald E Petersen
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