Alleged Violations of the Fair Debt Collection Practices Act (FDCPA) and the Illinois Consumer Fraud and Deceptive Business Practices Act (ICFA)

Introduction

On April 26, 2024, Hyslip Legal, LLC filed a lawsuit against McDevitt Law, PLLC and Internal Credit Systems, Inc. (ICS), alleging that both companies violated the Fair Debt Collection Practices Act (FDCPA) and the Illinois Consumer Fraud and Deceptive Business Practices Act (ICFA).

Background

Humza Ahmed, a resident of Lockport, Illinois, visited a friend in Naperville, Illinois. They decided to visit the Anytime Fitness in Naperville. Upon arrival, Humza noticed a sign indicating that members would be charged $250 for bringing a guest. Unfamiliar with this policy and unable to find an employee to make the payment or ask questions, Humza and his friend left the Anytime Fitness facility without working out.

The Allegations

According to the complaint, the owner of the Anytime Fitness in Naperville contacted Humza a few days later demanding the $250 fee. Humza explained that he did not use the facilities and refused to pay. Shortly after, Internal Credit Systems (ICS), allegedly acting on behalf of Anytime Fitness, contacted Humza, identifying themselves as an attorney and threatening legal action if he didn’t pay. This threat, the lawsuit alleges, was a fabrication as ICS is not a law firm and therefore could not pursue legal action.

Furthermore, ICS allegedly failed to provide Humza with the required notice within five days of their initial communication, outlining his right to dispute the debt under the FDCPA.

A month later, Humza received a letter from McDevitt Law, PLLC, acting on behalf of ICS, demanding payment of the $250 and threatening legal action if the debt was not disputed within 30 days. Despite not being licensed to practice law in Illinois, McDevitt Law sent the letter on their letterhead with the statement “This correspondence is from an attorney debt collector.”

Humza disputed the debt within the 30-day timeframe and requested validation of the debt. He also informed McDevitt Law that he preferred communication via email. However, despite receiving the dispute and specific communication preferences, McDevitt Law sent another letter to Humza within the 30-day dispute period falsely alleging that Humza had not disputed the debt.

Alleged FDCPA Violations

Here’s a breakdown of the alleged FDCPA violations according to the lawsuit:

Defendant	Alleged Violation	Description
ICS	15 U.S.C. § 1692e	Using false, deceptive, or misleading representations by claiming to be an attorney and threatening legal action.
ICS	15 U.S.C. § 1692f	Using unfair or unconscionable means to collect the debt by making false threats.
ICS	15 U.S.C. § 1692g	Failing to provide the required notice outlining the right to dispute the debt within five days of the initial communication.
McDevitt Law	15 U.S.C. § 1692e	Using false, deceptive, or misleading representations by falsely claiming Humza did not dispute the debt and continuing to threaten legal action.
McDevitt Law	15 U.S.C. § 1692f	Using unfair or unconscionable means to collect the debt by sending misleading letters and making unfounded threats of legal action.
McDevitt Law	15 U.S.C. § 1692c(a)	Communicating with Humza at a time or place known to be inconvenient by ignoring his preferred method of communication (email).
McDevitt Law	15 U.S.C. § 1692g	Continuing collection efforts without validating the debt after receiving Humza’s dispute and request for validation.
McDevitt Law	15 U.S.C. § 1692d	Engaging in conduct that constitutes harassment, oppression, or abuse by falsely claiming the debt was undisputed and threatening legal action despite receiving a timely dispute.

Alleged ICFA Violations

The lawsuit also alleges that both ICS and McDevitt Law violated the ICFA by engaging in unfair and deceptive practices in their debt collection efforts targeting Illinois consumers.

Conclusion

The lawsuit filed by Hyslip Legal, LLC raises serious questions about the debt collection practices of both Internal Credit Systems and Anytime Fitness Naperville. It highlights the importance of understanding your rights under the FDCPA and the ICFA, especially for consumers in Illinois. If you’re facing similar issues with debt collectors, consider consulting with an experienced FDCPA attorney.