Iv. [§ 12.7] Violation of Consumer Debt Collection Act

• Jurisdiction: Maryland

IV. [§ 12.7] VIOLATION OF CONSUMER DEBT COLLECTION ACT

John Smith purchased a lawnmower on credit from Ajax Lawnmower Company. After Smith defaulted on the loan, Ajax Lawnmower Company retained George Harris, Esquire to collect on the loan. In an effort to collect the debt, Harris telephoned Smith every morning at 3:00 a.m. and threatened that Ajax Lawnmower Company would have Smith criminally prosecuted if Smith did not immediately repay the debt. Smith sued Harris for violation of the Consumer Debt Collection Act.

COMPLAINT

Violation of Consumer Debt Collection Act

John Smith (hereinafter "Smith"), Plaintiff, by his attorneys, Mina P. Jeong and Jeong & Jeong, P.A., sues George Harris (hereinafter "Harris"), Defendant, and states:
1. Plaintiff Smith is a resident of Baltimore County, Maryland.
2. Defendant Harris is a resident of Baltimore County, Maryland. Harris is, and was at all times relevant to this Complaint, an attorney and a collector engaged in the collection of debts arising out of consumer transactions as defined in §§ 14-201(b) and (c) in the Commercial Law II Article of the Maryland Code Annotated.
3. From January 1 to February 1, 2022, Harris telephoned Smith every morning at 3:00 a.m. and threatened that Ajax Lawnmower Company (hereinafter "Ajax") would have Smith criminally prosecuted if Smith did not immediately repay in full a loan from Ajax to Smith.
4. The aforesaid actions were undertaken by Harris in collecting or attempting to collect an alleged debt.
5. By threatening criminal prosecution in connection with the transaction which does not constitute a violation of a criminal statute, and by communicating with a debtor with the frequency, and at the unusual hours as reasonably can be expected to abuse or harass the debtor, Harris violated the Consumer Debt Collection Act.
6. As a proximate result of Harris's violations of the Consumer Debt Collection Act, Plaintiff has suffered damages, including emotional distress and mental anguish.
WHEREFORE, Plaintiff John Smith demands judgment Defendant George Harris in the amount of Ten Thousand Dollars ($20,000), plus attorney's fees, interest, and costs.

__________
Mina Jeong
AIS No.: 0123456789
Jeong & Jeong, P.A.
Transamerica Building
100 Light Street
Baltimore, Maryland 21202
Phone: (410) 555-1234
Fax: (410) 555-1235
Email: MJeong@JeongLaw.com

Attorneys for Plaintiff

COMMENT

The Maryland Consumer Debt Collection Act, Com. Law III §§ 14-201 through 14-204, prohibits certain acts by...