Christopher Kelly v. Head Mercantile Company, Inc. d/b/a Strategic Outsourcing Solutions and SOS Group

Gulfport, Mississippi consumer credit lawyer represented Plaintiff who sued Defendant on a Fair Debt Collection Act violation theory.



"The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects consumers from abusive, deceptive, and unfair debt collection practices. The FDCPA applies to third-party debt collectors who are attempting to collect debts on behalf of another person or entity. It does not apply to the original creditor or business you owed money to.



The FDCPA prohibits debt collectors from using the following practices:



Harassing or threatening you

Using obscene or profane language

Lying to you about the debt

Contacting you at inconvenient times or places

Contacting you if you have told them to stop

Trying to collect a debt that is not yours

Reporting the debt to your credit report if it is not accurate



If a debt collector violates the FDCPA, you can sue them for damages. You may also be able to recover your attorney's fees.



Here are some of the most common violations of the FDCPA:



Harassment: Debt collectors are prohibited from harassing you with repeated phone calls, letters, or visits. They are also prohibited from using obscene or profane language.

False or misleading statements: Debt collectors are prohibited from making false or misleading statements about the debt, such as telling you that you will be arrested if you don't pay.

Improper contact: Debt collectors are prohibited from contacting you at inconvenient times or places, such as at work or late at night. They are also prohibited from contacting you if you have told them to stop.

Reporting inaccurate information: Debt collectors are prohibited from reporting inaccurate information to your credit report.



If you believe that a debt collector has violated your rights under the FDCPA, you can file a complaint with the Consumer Financial Protection Bureau (CFPB). You can also file a lawsuit in federal court.



Here are some resources that can help you learn more about your rights under the FDCPA:



Consumer Financial Protection Bureau: https://www.consumerfinance.gov/

Fair Debt Collection Practices Act: https://www.ftc.gov/legal-library/browse/statutes/fair-debt-collection-practices-act

National Consumer Law Center: https://www.nclc.org/"



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08/03/2023 10 ORDER DISMISSING CASE: Ordered that this case is dismissed with prejudice as to all parties. Signed by District Judge Louis Guirola, Jr on 8/3/23. (JCH) (Entered: 08/03/2023)