On November 30, back in 2005, Christopher Civitello filed suit against First
Credit of America, a collection agency that had originally contacted him on July
20 of that year by leaving a voicemail message telling him it was urgent that he
call a toll-free number regarding his account. When Civitello returned the
call, the person who answered demanded that he pay a debt of $109 he supposedly
owed to MyPerfectCredit, Inc., for personal, family, and household
purposes. The First Credit employee also cautioned him that not paying
would result in a negative entry to his credit report.
That call was the first of what went on to be at least two calls a day
thereafter. Although early in August Civitello explained to First Credit
that his account was current, the employee continued to call, pressuring
Civitello to give him his credit card number in order to stop the calls.
His refusal to do so resulted in verbal abuse by the First Credit employee,
continuing phone calls, and eventually, the loss of more than three days of work
in his attempts to resolve the matter.
Civitello had never been able to obtain an invoice for the alleged
debt. When he sued, he asked for damages for intentional infliction of
emotional distress resulting from First Credit’s violations of federal and
California laws governing debt collection practices.
Civitello was recently awarded $3,241 in damages. He may or may not
feel that amount to be just compensation for all that he endured because of that
voicemail message. And whether he will ever be able to collect it also
remains to be seen, for, according to our records, mail has been returned from
the company at the address we have for them since September 2005.
First Credit of America, against whom we received 30 complaints, is F-rated
by us. Interestingly, My Perfect Credit, to whom Civitello allegedly owed his
debt, is a credit repair company, also F-rated, that racked up 349 complaints
between 2005 and 2007 and against whom the California Attorney General took
action in 2006.
What’s the moral here?
By the time Mr. Civitello received his first call from First Credit, several
people had already filed complaints against the company with us, alleging
harassing phone calls by someone attempting to collect nonexistent debts.
Civitello might have been spared his experience had he learned that from the
Better Business Bureau’s reliability report on this company. Don’t you
make the same mistake.