Law Firm Not Liable for Mistaken Identity
Shannon Sprinkle obtained summary judgment for a well- respected Atlanta law firm after a Plaintiff had sued the firm for mistakenly confusing her and her daughter who had the same name. The Plaintiff alleged that she had been harassed and tormented in efforts to collect HOA fees owed by Plaintiff’s daughter. Plaintiff and her daughter shared the same first and last name and middle initial. Collection notices were sent to the Plaintiff at her home in Tennessee and she claimed the harassment and stress caused significant health and financial problems.The name confusion was later remedied and Plaintiff was dismissed from any further collection activities; nevertheless, Plaintiff pursued an action against the firm for bad faith and abusive litigation, negligent misrepresentation, unjust enrichment, and alleged FDCPA violations.Carlock Copeland pursued discovery and demonstrated that Plaintiff had a history of litigiousness and her claims were nothing more than a mistaken identity. It was shown that Plaintiff had not suffered the harm she claimed and the firm had not taken the abusive and harassing actions alleged in the Complaint. The law firm’s Motion for Summary Judgment was granted by the Fulton Superior Court.This case may be appealed, so watch for further updates.