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BEEN SUED BY MOUNTAIN LION ACQUISITIONS, INC.?

  • Jared Hartman, Esq.
  • Posted on February 10, 2015

 

Mountain Lion Acquisitions, Inc. is known as a “debt buyer” under California law, as it is an entity that purchases charged-off consumer debts for less than the value of the outstanding debt, and then attempts to collect the outstanding amount for the full or near full value in order to reap profits. Mountain Lion Acquisitions, Inc. regularly uses the Law Offices of D. Scott Carruthers as its debt collection attorney, who sends threatening letters to the alleged debtor in an effort to collect for Mountain Lion Acquisitions. It is believed that Mountain Lion Acquisitions and Law Offices of D. Scott Carruthers are both owned and operated by the same person—D. Scott Carruthers—as the secretary of state business search shows D. Scott Carruthers as the agent for service of process and his law office address as the same physical entity address for both companies.

The Law Offices of D. Scott Carruthers has been the subject of multiple lawsuits for what have alleged to be unfair and unscrupulous debt collection tactics, including misrepresenting the amount of the alleged debt, false threats regarding lawsuits and criminal prosecution, misrepresentations as to the alleged debtors’ rights under the FDCPA, among others.

It has come to light that Mountain Lion Acquisitions, Inc. is now also violating the California Fair Debt Buyer’s Practices Act (FDBPA)—Cal. Civ. Code § 1788.50-1788.64. The FDBPA requires that a debt buyer who files a debt collection lawsuit upon an allegedly outstanding consumer debt include certain required disclosures within the complaint, so long as the debt was purchased on or after January 1, 2014. These disclosures are required to protect the consumer, so that the consumer can make an informed decision about what the alleged debt is, where it came from, how much is actually owed, and can also allow the consumer to research the details of the alleged debt for security purposes.

In one particular example, a class action lawsuit recently filed by Hartman Law Office, Inc., Semnar Law Firm, Inc., Hyde & Swigart, and Kazerouni Law Group, APC alleges that Mountain Lion filed a complaint against the consumer on an alleged consumer debt—charged off but then purchased by Mountain Lion after January 1, 2014—and the complaint fails to include the name and address of the charge-off creditor, fails to state that it has complied with 1785.52, fails to provide the name and address of all purchasers after charge-off, and fails to state the nature of the debt and the transaction from which it was derived. All of this information, among others, are required to be included in the complaint pursuant to Cal. Civ. Code § 1788.58. By failing to include these disclosures, the consumer is harmed because the complaint would not give sufficient information for the consumer to know why and for what purpose he or she is being sued by a company with whom the consumer never entered into any transactional relationship. Read the class action complaint here.

Violations of these laws entitles the consumer to recover any actual damages pursuant to Cal. Civ. Code § 1788.62(a)(1); statutory damages in the amount up to $1,000.00 pursuant to Cal. Civ. Code § 1788.62(a)(2); and reasonable attorney’s fees and costs pursuant to Cal. Civ. Code § 1788.62(c)(1).

If you or a loved one have been contacted by the Law Offices of D. Scott Carruthers for purposes of debt collection, or if you have been sued by the Law Offices of D. Scott Carruthers on behalf of Mountain Lion Acquisitions, Inc., it is imperative you contact us immediately for a free and confidential consultation to discuss your rights.