The Challenge
The burden of medical debt is a crushing reality for millions of Americans, but for our clients, Jimmy Bundy and his daughter Michelle, the situation escalated from financial strain to alleged harassment and exploitation. Mr. Bundy, like many responsible consumers, sought to resolve his obligations. He had incurred medical debts from various providers and, unable to pay them all at once, entered into a payment arrangement with Revco Solutions, Inc., a large debt collection agency.
The agreement was simple and should have been the end of the conflict: Mr. Bundy would make regular monthly payments to settle two specific accounts. For a time, he honored this agreement faithfully. However, the lawsuit alleges that Revco Solutions decided to unilaterally change the terms. Without Mr. Bundy's consent or prior knowledge, Revco allegedly began adding "processing fees" to his credit card payments—fees that were neither authorized by the original agreement nor permitted by law.
But the alleged misconduct went deeper. The complaint details a chaotic and deceptive accounting practice where funds intended for the agreed-upon settlement were misapplied to other, non-settled accounts. This "robbing Peter to pay Paul" tactic allegedly resulted in the settled accounts showing higher balances than they should have, artificially extending the payment period and inflating the debt. For a consumer trying to do the right thing, this created a nightmare scenario of confusion, anxiety, and financial uncertainty.
The harassment didn't stop with Mr. Bundy. The lawsuit alleges that Revco Solutions crossed a bright red line by targeting his daughter, Michelle Bundy. In a particularly egregious instance of alleged harassment, Revco is accused of calling Ms. Bundy three times within a single minute. This barrage of calls was not only intrusive but, as we allege, a clear violation of federal law which strictly limits how and when debt collectors can communicate with third parties. This aggressive behavior caused significant distress to the family, turning a financial dispute into a personal invasion of privacy.
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Our Strategy
When the Bundy family approached Hyslip Legal, it was clear that this was not just a case of a clerical error, but potentially a systemic pattern of disregard for consumer rights. Our strategy was to aggressively hold Revco Solutions accountable under both federal and state laws, specifically the Fair Debt Collection Practices Act (FDCPA) and the Ohio Consumer Sales Practice Act (OCSPA).
1. Establishing FDCPA Violations:
The FDCPA is a powerful shield for consumers, and we identified multiple potential breaches:
* Harassment and Abuse (15 U.S.C. § 1692d): We argued that calling Ms. Bundy three times in sixty seconds constitutes conduct the natural consequence of which is to harass, oppress, or abuse.
* False or Misleading Representations (15 U.S.C. § 1692e): By allegedly misapplying funds and charging unauthorized fees, Revco misrepresented the character, amount, and legal status of the debt. We are prepared to show that their account statements were deceptive, leading Mr. Bundy to believe he owed more than he legally did.
* Unfair Practices (15 U.S.C. § 1692f): The unauthorized processing fees are a core component of our claim. The FDCPA prohibits collecting any amount (including interest, fees, charges, or expenses) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.
* Third-Party Communication (15 U.S.C. § 1692c(b)): We are challenging the legality of their communications with Ms. Bundy, asserting they had no permission to contact her in the manner they did.
2. Leveraging State Law (OCSPA):
Ohio has robust consumer protection laws that often provide broader remedies than federal law. We filed counts under the Ohio Consumer Sales Practice Act (Ohio Rev. Code § 1345.02), arguing that Revco's actions were "unfair, deceptive, and unconscionable." This allows us to seek treble damages (triple the actual damages) and punitive damages, which are crucial for punishing willful misconduct and deterring future violations.
3. Federal Court Litigation:
We chose to file this case in the United States District Court for the Southern District of Ohio. Filing in federal court sends a strong message: we are serious about enforcing these rights. It also allows us to utilize the broad discovery powers of the federal system to demand internal records, call logs, and policy documents from Revco. We intend to find out if this was an isolated incident or a company-wide policy of exploiting consumers.
4. The 'Stop Means Stop' Precedent:
Crucially, we also challenged Revco's argument that a consumer saying 'stop calling' does not revoke consent for text messages. We successfully argued that for a regular person, a request to stop contact applies broadly to all communication channels. This closed a major loophole often used by collectors to continue harassment via SMS.
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The Result
This case is currently in Active Litigation, and we are vigorously pursuing justice for the Bundy family. While nothing has been proven in court at the time of this writing, the filing of this lawsuit is a significant first step in holding Revco Solutions accountable.
What We Are Fighting For:
* Actual Damages: Compensation for the financial loss caused by the unauthorized fees and the emotional distress suffered by Jimmy and Michelle Bundy.
* Statutory Damages: The FDCPA provides for up to $1,000 per violation, and the OCSPA allows for additional statutory penalties.
* Punitive Damages: We are seeking punitive damages to punish the alleged malicious conduct and send a warning to the debt collection industry.
* Attorney’s Fees: We are forcing Revco to pay for the legal costs, ensuring that the Bundys do not have to pay out-of-pocket to vindicate their rights.
The Broader Impact:
Cases like *Bundy et al. v. Revco Solutions, Inc.* are about more than just one family. They serve as a check on the immense power of the debt collection industry. By challenging these alleged practices—hidden fees, misapplied payments, and harassment—we aim to set a precedent that protects all consumers.
If you are facing similar treatment from Revco Solutions or any other debt collector, know that you are not alone. The law protects you from harassment and deception. As this case demonstrates, Hyslip Legal is ready to stand up to even the largest collection agencies to defend your dignity and your financial rights.
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