This Aug. 19, 2009 statement, sent to Dateline NBC, addresses the status of the pending lawsuit brought by Gregory A. Bjerk and Donna A. Lundon against Academy Collection Services:
The litigation remains pending in federal court. Through the course of discovery thus far, Academy believes it has matched the source of the telephone message to a former employee. The individual who left the message resigned from Academy on or about January 17, 2008, for reasons unrelated to this matter, and prior to Academy learning that he may have played a role in this dispute.
Before coming to Academy, he had experience in the industry, including in a management capacity. Like all other Academy employees, he began his employment with an initial training program. He demonstrated a proficiency in the FDCPA and obligations imposed on collectors by federal law. Among other items, he received a 98% score on a comprehensive compliance test.
He worked for Academy for a total of six months. There were no other consumer complaints or lawsuits related to his tenure. In fact, there has never been another customer complaint or lawsuit asserted against Academy with allegations such as those contained in this lawsuit.
Nonetheless, Academy appreciates the offensive and inappropriate nature of the content of the message. It does not promote, encourage, direct or tolerate abusive conduct. It remains willing to engage in settlement discussions with the Plaintiffs concerning appropriate compensation for any damage they may have incurred related to the voicemail message.