Consumer complaint received 2024-12-28 00:00:00
Product: Debt collection — I do not know
Issue: Took or threatened to take negative or legal action — Threatened to sue you for very old debt
Company: Lloyd & McDaniel, PLC
State: FL

Complaint narrative:
Statement of Complaint Against Lloyd & McDaniel PLC I am filing a formal complaint against Lloyd & McDaniel PLC for violating federal and state laws, including but not limited to the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692-1692p ; the Servicemembers Civil Relief Act ( SCRA ), 50 U.S.C. 3901-4043 ; Florida Consumer Collection Practices Act ( FCCPA ), Fla. Stat . 559.55-559.785 ; Texas Debt Collection Act ( TDCA ), Tex. Fin. Code 392.001-392.404 ; Kentucky Consumer Protection Act, KRS Chapter 367 ; and the California Rosenthal Fair Debt Collection Practices Act ( RFDCPA ), Cal. Civ. Code 1788 et seq. Their actions during debt collection have caused significant harm, violated my rights as a consumer and a servicemember, and disregarded legal protections mandated by state and federal laws. 

Detailed Allegations Failure to Validate Debt ( FDCPA and State Laws ) Lloyd & McDaniel PLC failed to validate the debt they were attempting to collect, despite my written requests for documentation. They did not provide : A copy of the original agreement establishing the debt.

A detailed payment history showing how the balance was calculated.

Proof of assignment or ownership of the debt.

The FDCPA ( 15 U.S.C. 1692g ) requires debt collectors to provide validation upon request. Their failure to do so violates my rights and is compounded by violations of state laws, including the FCCPA ( 559.72 ( 18 ) ), TDCA ( 392.202 ), KRS 367.170, and RFDCPA ( 1788.17 ).

Violation of SCRA Protections While I was on active-duty military deployment, Lloyd & McDaniel pursued aggressive collection tactics, including legal threats and credit reporting, in direct violation of the Servicemembers Civil Relief Act ( SCRA ). The SCRA prohibits creditors from initiating or continuing collection efforts against active-duty servicemembers without first obtaining a court order. Their disregard for these protections exacerbated the financial and emotional stress on me and my family.

State-Specific Violations Florida FCCPA : Lloyd & McDaniel violated 559.72, which prohibits debt collectors from using deceptive or unfair practices. Their failure to validate the debt or provide clear and accurate information is a direct violation.

Texas TDCA : Under 392.304, their misrepresentation of the debt and failure to validate it are unlawful.

Kentucky Consumer Protection Act : KRS 367.170 prohibits unfair or deceptive acts in commerce, which includes misrepresentation or refusal to substantiate claims.

California RFDCPA : Cal. Civ. Code 1788.17 mirrors the FDCPA and prohibits harassment, misrepresentation, and failure to validate debts in California.

Negative Credit Reporting and Harassment Lloyd & McDaniel reported the disputed debt to credit agencies despite its unresolved status, causing severe harm to my credit. This action violated the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681s-2, which mandates accurate reporting. Additionally, they engaged in harassment by sending repeated notices of legal action and threatening further consequences without resolving my dispute.

Failure to Provide Transparency and Accountability Despite repeated attempts to resolve this matter, Lloyd & McDaniel did not provide any of the requested information or documentation. Their lack of transparency breaches Federal Trade Commission ( FTC ) guidelines, which mandate that debt collectors communicate clearly and in good faith with consumers.

Legal References FDCPA ( 15 U.S.C. 1692 ) : Requires debt collectors to validate debts and prohibits harassment or unfair practices.

SCRA ( 50 U.S.C. 3901 ) : Protects active-duty servicemembers from legal and financial hardships.

FCCPA ( Fla. Stat. 559.72 ) : Prohibits unfair and deceptive practices in debt collection in Florida.

TDCA ( Tex. Fin. Code 392.304 ) : Prohibits misrepresentation and mandates proper responses to disputes in Texas.

Kentucky Consumer Protection Act ( KRS 367.170 ) : Ensures fairness in commerce and prohibits deceptive practices.

California RFDCPA ( Cal. Civ. Code 1788.17 ) : Incorporates FDCPA protections into California law.

FCRA ( 15 U.S.C. 1681s-2 ) : Requires accurate credit reporting and prohibits false claims.

Conclusion The actions of Lloyd & McDaniel PLC represent a systemic failure to comply with federal and state laws, as well as disregard for my rights as a consumer and servicemember. Their practices have caused significant harm, and I respectfully request immediate corrective action to resolve these violations and ensure future compliance.

Company response to consumer: Closed with explanation