We represent a consumer in Arlington, Texas based on the Fair Debt Collection Practices Act. Plaintiff alleges Turtle Creek Assets negligently, knowingly, and/or willfully communicating with Plaintiff and by engaging in any conduct the natural consequence of which is to harass, oppress or abuse any person in connection with the collection of a debt; using language the natural consequence of which is to abuse the reader; using false, deceptive, or misleading representation or means in connection with the collection of any debt; representing that nonpayment of any debt will result in the arrest or imprisonment of any person unless such action is lawful, and the debt collector intends to take such action; threatening to take action that cannot legally be taken or that is not intended to be taken; using any false representation or deceptive means to collect or attempt to collect any debt; failing to disclose that the communication is from a debt collector; using any business, company, or organization name other than the true name of the debt collector’s business, company, or organization; and failing to send Plaintiff a written notice of his alleged debt containing the information required by the Fair Debt Collection Practices Act.
In April 2019, in its attempt to collect the alleged debt owed by Plaintiff, Defendant sent Plaintiff a collection letter. The Collection Letter was purportedly sent to Plaintiff from “TCA Rentals, LLC” with its address being 5331 Spring Valley Road, Dallas, TX 75254. The Collection Letter identifies the call back number to TCA Rentals, LLC as 888-399-1701.
The Collection Letter contains several arguably false, deceptive, or misleading statements. For example:
- “Pursuant to Texas laws (Texas Penal Code § 31.04 – THEFT OF SERVICE), YOU HAVE FIVE (5) DAYS FROM THE RECEIPT OF THIS DEMAND TO RETURN THE LEASED PROPERTY TO THE LESSOR AT THE ADDRESS SPECIFIED IN THE RENTAL CONTRACT OR A CRIMINAL COMPLAINT WILL BE FILED WITH THE PROPER AUTHORITIES FOR CRIMINAL PROSECUTION.”
- “If you are unable to return the below mentioned merchandise, please call the following number within (forty-eight) 48 hours of the receipt of this letter TO AVOID CRIMINAL CHARGES BEING FILED (refer to backside): 1-888-399- 1701.”
- The Collection Letter represents that Plaintiff could be sentenced to imprisonment.
Defendant cannot file criminal charges against Plaintiff. At best, Defendant can request for a district attorney to pursue criminal charges against Plaintiff. Arguendo, even if Defendant were able to request that a district attorney take some action against Plaintiff, it is the district attorney’s decision to charge Plaintiff with a crime—not the Defendant’s. Arguendo, even if a district attorney were to pursue criminal charges against Plaintiff, such charges do not automatically mean that the district attorney would secure a conviction—let alone a judge or jury then deciding to imprison the Plaintiff. The Collection Letter includes several arguably false, deceptive, or misleading statements about the Texas laws that it cites.
Our client received the Collection Letter via certified US Mail on April 20, 2019. More than 48 hours have passed since Plaintiff received the Collection Letter. Plaintiff has not called Defendant within 48 hours after receipt of the Collection Letter. More than 5 days have passed since Plaintiff received the Collection Letter. Plaintiff has not returned the alleged leased property to Defendant. To date, Defendant has not requested that criminal charges be pursued against Plaintiff. To date, Defendant has not taken any legal action against Plaintiff. Defendant’s acts as described above were done intentionally with the purpose of terrifying and coercing Plaintiff to pay the alleged debt. The natural consequence of Defendant’s acts was harassment, oppression and abuse of Plaintiff. The natural consequence of the language Defendant used in the Letter was to abuse the reader of the Collection Letter.
Agruss Law Firm helps consumers with debt collection harassment, robocalls, and credit report problems. If you received a collection letter from Turtle Creek Assets or TCA Rentals, we can help you under the Fair Debt Collection Practices Act (“FDCPA”). Under the FDCPA, you may be entitled to money damages (up to $1,000.00) and the collection agency has to pay our fees and costs. You will not pay us a penny. If you received a collection letter from Turtle Creek Assets or TCA Rentals, please fax it to us at 312-253-4451 or e-mail it to us at michael@agrusslawfirm. Then, call us afterward at 888-572-0176 to discuss your rights under the law. We’re here for you 24/7.