Legal Question in Consumer Law in Florida

Verizon and AFNI collection scheme
I moved to FL in 96, am registered to vote here and have a Homeowners Exemption on my principal and only residence since 1996.

In sept 07 I received a collection letter from AFNI saying I owe them $121 for a Verizon bill in Calif in 2000, well after the Statute of Limitations ran out in CA.

It seems AFNI ( in IL ) routinely buys huge portfolios of Verizon's stale debt - this one in Sept of 06. So many they're a yr behind !

Problem is, the service in CA was ordered & used by someone else ! I've never been NEAR the city in question let alone know anyone there.

I researched, found it was an apt bldg. The resident mgr was there in '00 and will give police the rental agreement proving it was NOT me and ID'ing who it really was.

Verizon's fraud department has 'disassociated' me, however they say AFNI now owns the acct, has all the paperwork, and it's out of Vertizon's hands.

AFNI has repeatedly denied me rights, incl acct paperwork, I have under the FDCPA, admit they can't collect or report this acct even it WAS mine, but REFUSE to accept my affidavits of fraud, saying they have 'Validated' the acct as mine.

I want to sue AFNI & Verizon for engaging in this extremely outrageous scheme. Can I ? How !

Asked on 12/11/07, 1:06 pm

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

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Re: Verizon and AFNI collection scheme

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Unfortunately, this is a very common type of complaint. The actions of AFNI and Verizon probably do not amount to fraud but they may constitute a violation of the Fair Debt Collection Practices Act as you suggested. You should meet with an attorney who routinely handles cases of this nature and discuss your options.

Scott R. Jay, Esq.

Answered on 12/13/07, 12:54 am

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