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case Summary 21.2:: Myers v. LHR, Inc., 543 F.Supp.2d 1215 (S.D. Cal. 2008) (p. 705)
Facts: Myers owed over $11,000 to an automobile finance company in 2001. LHR was hired to
collect the debt, and an LHR agent contacted her with threats of a lawsuit and garnishment of
her wages. Myers negotiated a settlement whereby LHR accepted approximately $3,000 as
complete 14 payments for the debt. Myers wire-transferred the money to LHR to satisfy the
debt, and later received a letter saying the debt was paid in full. However, Myers later found out
that her settled debt was still reported to the credit agencies by LHR and this adversely affected
her credit rating. Despite the settlement, LHR agents continued to call Myers, threatening a
lawsuit, wage garnishment, and reporting her to government authorities for tax evasion.
1. Were LHR's actions lawful under the FDCPA?
LHR's actions were illegal in light of the FDCPA, which forbids collection agents from
using any intimidation, harassment, or deceitful methods.
2. If LHR's actions were not lawful, what could it have done to comply with the act?
When making the initial contact to learn more about the debt, LHR was required to make
a validation disclosure in order to be in compliance with the act (if they hadn't done so already).
As soon as the negotiated debt was fully paid off, LHR should have stopped trying to collect it
and should have honestly reported this to the credit reporting companies. Additionally, LHR
representatives should not have used any coercive, intimidating, or deceptive debt collection
methods.
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LENDER'S name, street address, city or town, state or province, country, ZIP or
foreign postal code, and telephone no.
OAK RIDGE BANK
301 AUSTIN STREET
YOUR CITY, YS XXXXX
(XXX) 555-5678
LENDER'S TIN
XX-XXXXXXX
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CORRECTED (if checked)
BORROWER'S TIN
XXX-XX-XXXX
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XXXXXXXX
Form 1099-A (Rev. 1-2022)
City or town, state or province, country, and ZIP or foreign postal code
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