The Tribune Democrat, Johnstown, PA

Local News

February 14, 2009

Lawsuit: Debt agency went too far

A South Fork couple say that a debt-collection company and its attorneys went overboard in trying to collect a credit-card debt.

Kayla Rocker and her fiance, Troy Thomas, are suing Atlantic Credit & Finance Inc. and the law office of John P. Frye, both of Roanoke, Va.

The lawsuit was filed in U.S. District Court in Johnstown.

The two said the Fair Debt Collection Practices Act was violated, and they want monetary compensation.

They claim that the company:

• Disclosed Thomas’ debt to his girlfriend without his permission.

• Contacted Thomas at work knowing it was inconvenient for him.

• Falsely threatened them with a lawsuit.

• Illegally tried to collect the debt from Rocker.

Neither Frye nor Atlantic Credit returned phone calls for comment.

The lawsuit says Thomas opened a credit-card account, bought an all-terrain vehicle and defaulted. The vehicle was repossessed.

Atlantic Credit – which bills itself as “America’s premier accounts receivable company,” managing $8 billion – then launched efforts to reclaim the amount owed.

Thomas said he was harassed at his place of employment.

Frye then wrongly disclosed the debt to Rocker, tried to collect from her and threatened to sue them both, their suit says.

Rocker and Thomas are seeking damages for, among other things, emotional distress, anxiety and damage to their relationship.

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