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Updated on Author: Contributor: Sergei Lemberg

Is Morgan & Pottinger PSC Calling You?*

Is Morgan & Pottinger PSC calling you? Here’s what you need to know.

It’s not surprising that debt collectors have such a negative reputation. They contact people to settle a debt, which is entirely legal, but the methods they use are often questionable. A perusal of consumer complaint boards is all it takes to confirm that rude, deceptive, and unethical collection tactics are practically mainstream, although 100% against the law.

In 1977 Congress enacted the Fair Debt Collection Practices Act, or FDCPA to stop the hostile collection tactics commonly practiced by third-party debt collectors. Examples of prohibited behaviors include:

  • Harassing someone by phone (for example, calling and hanging up, or using an auto dialer to dial someone’s number repeatedly)
  • Using aggressive and threatening language that a reasonable person would find intimidating
  • Threatening lawsuits, wage garnishment, and other legal actions that the collector has no intention of taking
  • Calling at inconvenient times, such as before 8:00 a.m. and after 9:00 p.m. in the consumer’s time zone
  • Contacting someone at work after being informed that the employer does not permit such calls
  • Telling someone that they can be arrested for nonpayment of a debt
  • Discussing the debt with anyone but the consumer, their spouse, their attorney, and any debt co-signers

Alleged Violations against Morgan & Pottinger PSC*

The FDCPA providers debtors with the right to dispute any debt, tell the collector to stop calling, and hire an attorney to represent them regarding the debt. Not all collectors respect these boundaries and protections, however.

Established in 1974, Morgan & Pottinger, P.S.C., is a law firm that collects consumer debt on behalf of clients throughout Kentucky and Indiana. It has offices in Louisville, Lexington, Corbin (Kentucky), Southern Indiana and Bowling Green (Ohio). According to the PACER (Public Access to Court Electronic Records) system, this law office has been sued often for alleged FDCPA violations.

Paula D. Gamble v. Morgan & Pottinger PSC et al

At some point prior to October 2001, Indiana resident Paula Gamble opened an account with Providian Financial Corp., which subsequently became delinquent. On March 26, 2002, a junk debt buyer called LVNV Funding, LLC allegedly purchased the account. Six years later, on April 11, 2008, LVNV and Morgan & Pottinger, P.S.C. filed a small claims lawsuit against Ms. Gamble.

She alleged that she was not actually served with the complaint when she was served with the Summons. Only after Ms. Gamble’s attorney filed her answer, which stated that she did not receive the complaint, did she and her attorney receive one.

The complaint claimed that Ms. Gamble owed $2,325, plus 8% interest from October 10, 2001, to the date of judgment: however, the “Verified Statement of Account”, claimed that she owed $2,325, plus 8% interest from November 27, 2007, to the date of the judgment.

On May 14, 2008, Ms. Gamble’s attorney wrote to Morgan & Pottinger, P.S.C. requesting that it dismiss the lawsuit because the statute of limitations had run out and there was no documentation to support the claim in the lawsuit. On November 25, the lawsuit was dismissed.

The complaint filed with the US District Court accused Morgan & Pottinger, P.S.C. of the following violations.

  • Making false statements about the existence of an account in the “Verified Statement of Account”, filing a lawsuit beyond the Indiana’s 6 year statute of limitations for such debts, and falsely stating the amount of the debt (§ 1692e)
  • Filing a complaint in state court when they had no intent, nor likely any ability, to ever obtain documentary proof to support their claims (§ 1692f)
  • Failing to provide Ms. Gamble with the complaint (§ 1692f)
  • Attempting to collect a time-barred debt. (§ 1692f)

The matter was later resolved.

The phone numbers for Morgan & Pottinger, P.S.C. include:

If any of these numbers show up on your caller ID, a company representative is trying to speak to you about an alleged debt. If the debt has passed the statute of limitations and Morgan & Pottinger, P.S.C. persists in filing suit against you, hire a consumer attorney. If you sue the firm for improper debt collection practices, you could win compensation of $1000 per FDCPA violation.

*Case taken from PACER ( File number is 1:09-cv-00067-RLY-TAB, from United States District Court, Southern District of Indiana, Indianapolis Division.

Disclaimer: The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Morgan & Pottinger PSC or any other third-party collection agency, you may not be entitled to any compensation.

About the author:

Contributor: Sergei Lemberg

Sergei Lemberg is a consumer rights attorney, practicing since 2006, whose practice focuses on consumer law, class actions and personal injury litigation. He is known for a United States Supreme Court case (Facebook v. Duguid) defending consumers from autodialers under the Telephone Consumer Protection Act of 1991 to send unsolicited text messages. He is also the author of Defanging Debt Collectors, a book that teaches consumers how to battle debt collectors and win.

See more posts from Contributor: Sergei Lemberg
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