Is this fair debt collecting??
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Posted by Bob3
(216.51.101.132) on January 04, 2004 at 03:49:28:
In Reply to: Re: Sunkissed beach in dreamland posted by SunkissedBeach on January 04, 2004 at 00:59:52:
Man claims wife’s suicide caused by credit card debt
By Chris Clancy, Staff Writer
December 18, 2003
Magistrate Judge E. Clifton Knowles is scheduled to hear the opening arguments on a case where a Murfreesboro man claims that a stack of unpaid credit card bills are to blame for his wife’s death. Donald MacDermid filed a lawsuit in U.S. District Court this week against Discover Financial Services, seeking compensatory damages of $1.5 million and punitive damages of $250 million, charging that Discover’s overaggressive collection tactics led to his wife’s suicide. “There is no correlation at all to what Mr. MacDermid is demanding and what he owed the defendant,” said plaintiff’s attorney William “Ken” Burger, citing the final credit card tally at $15,000. “The [$250 million] refers to the conduct of Discover and its participation in Mrs. MacDermid’s suicide.” MacDermid claims that in 2001, his wife, Nina Kay MacDermid, submitted multiple applications via the Internet to obtain credit cards from Discover, using his name as a co-applicant on the application “without his knowledge or permission.” The lawsuit states Mrs. MacDermid began using the credit cards immediately upon receiving them, running the balance of each card up to its limit. The suit describes “various bizarre purchases, including expensive exotic cats.” According to the lawsuit, a predilection for “manic spending, often for unusual and non-essential merchandise” is a “common characteristic” of the particular strain of the bipolar mental disorder from which Mrs. MacDermid suffered and for which she was repeatedly hospitalized over the course of a decade. The lawsuit states that in late 2001 – after it became clear Mrs. MacDermid had no plans to pay her bills – Mr. MacDermid made attempts to resolve the dispute with Discover but to no avail. Mr. MacDermid claims Discover representatives repeatedly told him he was liable for the purchases and that the only way he could avoid liability would be to file a criminal report against his wife. “The real basis of our claim lies in the idea that Discover threatened Mr. MacDermid with criminal prosecution of Mrs. MacDermid,” Burger said. “That is extremely illegal and, by our point of view, unethical.” It was during this time, the lawsuit claims, that Mrs. MacDermid’s condition rapidly deteriorated, and that the constant phone calls from Discover representatives caused her to develop “an increase in her level of depression, brief periods of numbness, and an uncontrollable trembling in her entire body.” On June 13, 2003, Mrs. MacDermid was killed by a self-inflicted gunshot wound. Mr. MacDermid is suing Discover on charges of fraud, civil extortion, outrageous conduct, intentional infliction of emotional distress, defamation, violation of the Fair Debt Collection Practices Act, violation of the Tennessee Consumer Protection Act, and violation of the Federal Truth in Lending Act. Discover has filed a motion to dismiss, stating Mr. MacDermid’s claims fail to “state a claim upon which relief can be granted,” meaning that Mr. MacDermid has failed to present a credible case. Discover is being represented by Gary Shockley, an attorney with Nashville law firm Baker, Donelson, Bearman, Caldwell & Berkowitz. Shockley indicated this is a “very common” motion to file in response to an initial lawsuit.
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