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Americollect & Medical Express Ambulance Face Class Action

Hannah Locklear | February 09, 2024

Hannah Locklear
Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

Summary: Americollect and Medical Express Ambulance Service are facing a class action lawsuit for allegedly violating the FDCPA and the ICFA by billing non-emergency services as emergencies and engaging in unfair debt collection practices.

Brenda Martin, an Illinois resident, has filed a class action lawsuit against Americollect and Medical Express Ambulance Service (MEAS), alleging violations of the Fair Debt Collection Practices Act (FDCPA) and the Illinois Consumer Fraud Act (ICFA).

In the world of consumer rights and fair debt collection, this case could be monumental. Below, we’ll break down the details of the lawsuit and the laws that apply to it.

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What sparked the lawsuit?

Martin v. Americollect, Inc. and Medical Express Ambulance Service, Inc., filed in January 2024, centers around a questionable billing practice. Medical Express Ambulance Service reportedly billed a non-emergency ambulance transfer as an emergency service, leading to unexpected debt collection efforts by Americollect. This misclassification not only resulted in an uncovered balance but also brought about aggressive debt collection tactics.

The FDCPA protects consumers from unfair collection practices

The FDCPA is a critical piece of legislation designed to protect consumers from abusive debt collection practices. It's a law that ensures fairness in debt recovery, prohibiting collectors from using deceptive, unfair, or abusive tactics. The FDCPA also empowers consumers to serve as "private attorneys general" to help enforce the law, a role that Brenda Martin has taken up in this case.

Here are the class action lawsuit details against Americollect and MEAS

Jurisdiction for the lawsuit is established in Cook County, Illinois, based on the operations and transactions of the defendants. The factual allegations are straightforward yet troubling:

  • The Misleading Bill: MEAS billed non-emergency services as an emergency, leading to a balance not covered by Martin’s insurance.
  • Debt Collection Efforts: Americollect, pursuing the debt, allegedly misrepresented the debt's nature, violating FDCPA guidelines.
  • The Legal Standpoint: The lawsuit asserts that Americollect falsely represented the debt's nature and amount, breaching specific sections of the FDCPA. Furthermore, MEAS's billing practices are scrutinized under the “unsophisticated consumer” standard and accused of violating the ICFA by deceptive overbilling.

The lawsuit isn't just about Brenda Martin. It aims to represent all affected individuals in Illinois, divided into two classes:

  • Americollect FDCPA Class: This includes individuals from whom Americollect attempted to collect the incorrectly billed MEAS debts.
  • MEAS ICFA Class: This encompasses those provided non-emergency ambulance services by MEAS but that were billed as emergency.

These classes argue that there are numerous individuals affected, with common legal and factual questions, making a class action the most efficient method of resolution.

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How does this case affect other consumers?

The lawsuit seeks class certification, statutory and punitive damages, attorney’s fees, and other appropriate relief. It's a fight against alleged unfair practices in debt collection and billing, a battle for consumer rights and transparency in medical billing.

The case against Americollect and MEAS represents a significant moment in consumer protection law. It underscores the importance of accurate billing and fair debt collection practices, setting a precedent for how businesses engage with consumers.

As the case unfolds, it will be interesting to see how it influences the landscape of consumer rights and corporate accountability. The outcome of this case could impact the way consumers deal with debt collectors like Americollect in the foreseeable future.

Learn more: Can You Negotiate with Americollect?

Stand up for your rights when Americollect contacts you

When dealing with Americollect's debt collection efforts, it's crucial to understand and assert your rights. The Fair Debt Collection Practices Act protects you from abusive, unfair, or deceptive practices by debt collectors. Familiarize yourself with these rights and don’t hesitate to assert them. Learn more about your FDCPA rights.

While responding to a debt collector like Americollect might seem daunting, here are four effective steps you can take:

  1. Request Debt Validation: Always verify that the debt is yours and the amount is correct. You have the legal right to request a debt validation letter from Americollect, which should provide detailed information about the debt.
  2. Respond to a Debt Lawsuit: If you're sued, it's essential to respond to the lawsuit before your state’s deadline. This is where tools like SoloSuit can be helpful, guiding you through the process of preparing and filing a written Answer that is personalized to your case.
  3. Consider Arbitration: For some disputes, arbitration can be a viable alternative to court proceedings. It involves resolving the dispute outside of the court system, often leading to a quicker and less costly resolution.
  4. Negotiate a Settlement: Before it reaches court, there’s often an opportunity to settle the debt, especially if you are experiencing financial hardship. Negotiating a settlement can save you money and help you resolve a debt for good.

SoloSuit can help you respond to debt collectors like Americollect.

By understanding your rights and options, you can take a proactive approach to handling debt collection efforts. Whether it's seeking debt validation, responding to lawsuits, exploring arbitration, or negotiating settlements, there are avenues available to defend yourself and potentially improve your situation.

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