August 16, 2015 1 Comment
“How did you get into filing lawsuits? Like, if I wanted to sue the government, I wouldn’t even know where to start.”
When I first filed suit against the TSA, almost 5 years ago now, I had a little bit of experience. Ten years ago this month, a collection agency ignored me when I told them I didn’t owe any money, proceeding instead to put a disputed account on my credit report. So, I looked into what my options were, and found out that there are a lot of federal laws surrounding third-party collection of debts. Collection agencies have to provide some very specific dispute resolution procedures, represent things honestly, and avoid abusive practices. These laws, found mostly in the Fair Debt Collection Practices Act, 15 USC § 1692 prohibit things like:
- Threatening to take an action that it can’t, or doesn’t plan to, take (even “we’ll take you to court if you don’t pay” is illegal if they don’t have any plans to actually sue)
- Pretending to be an attorney
- Communicating false information (e.g., to a credit reporting agency)
- Failing to communicate that a debt is disputed when it is
- Calling before 8 AM or after 9 PM
- Repeatedly calling with intent to annoy
- Sending letters with markings on the outside (e.g., “DEADBEAT”) to embarass you into paying
15 USC § 1692(c) – (f). They also require notice to be sent in writing with a disclosure of the right to dispute and receive verification of the debt from the original creditor. § 1692(g).
And so, I filed Corbett v. GC Services, Inc., 05-CV-7680 [PACER subscription required] (S.D.N.Y., Aug. 31, 2005), alleging violations of the Fair Debt Collection Practices Act for not complying with a bunch of the rules above. I looked up what other lawsuits looked like and wrote my own styled in the same way. I reviewed the rules of the court. Then I went down and paid a $250 filing fee (a bargain, as the fee is now $400), and I was in.
Justice was truly blind, as the late U.S. District Judge Richard C. Casey entered the courtroom for our first (and only) status conference with a seeing eye dog. He seemed irritated at everyone, but denied an oral motion by the defendant to change venue and ordered the case to proceed. G.C. Services ended up settling for an amount that I’m prohibited from disclosing, thus marking my first victory in civil court.
With that experience and a few other similar ones, when 2010 came around and the TSA was demanding to see us naked in order to fly, I was familiar with the federal courts. Screwing around with asshole debt collectors was fun and profitable, but civil rights advocacy is fulfilling on a whole new level. My first year of law school is almost complete, and I look forward to all the difference I can make over the decade to come.