Fair Credit & Debt Collection Claims

Hospitals, private practice physicians and other businesses often find themselves faced with having to take steps to collect unpaid bills from customers. In some cases, those efforts can result in the debtors striking back through litigation rather than satisfying their financial obligations. Increasingly, that legal recourse comes in the form of claims brought under the federal Fair Credit Reporting Act and the Fair Debt Collection Practices Act, as well as through state law claims. Claims under these laws can also be brought by prospective or current employees, customers or potential customers, or other individuals claiming improper inquiries, reporting or disclosure of credit reports.

The potential exposure in such claims can be significant. Although the debt in question may be minimal, the penalties per violation and the ability to allege claims for harm to reputation and emotional damages increase the potential exposure on these types of claims. The exposure becomes even greater considering the statutory provisions permitting the plaintiff’s lawyer to seek an award of attorney’s fees and costs.

Kilcoyne & Nesbitt, LLC has the expertise to defend you against such claims in the federal and state courts. We are committed to quickly evaluating such claims to identify the merits of the claims and advise clients on a prudent course of action to seek early dismissal, attempt settlement, or initiate a vigorous defense. We can also assist businesses in successfully maneuvering through the statutory and regulatory schemes under which collections and credit inquiries can be made.

For more information, please contact Mark A. DiAntonio. Esquire at mdiantonio@kilcoynelaw.com.