Nina Kay MacDermid, who suffered from bipolar disorder, opened three Discover card accounts in her own and her husband’s name. She hid this from her husband, using a post office box to receive the cards. She used the cards to purchase a number of items, from gas to exotic cats. In addition to a history of depression, Ms. MacDermid had a history of manic spending sprees, so her husband gave her a cash allowance to keep her from spending them into poverty. She not only opened up the three Discover accounts, but also opened several other credit card accounts with other banks.
In February 2003, Discover sent checks to the house–not the post office box–which led to a confrontation between Ms. MacDermid and her husband. Two days later, she apparently attempted to kill herself. After they returned from the hospital, Ms. MacDermid’s husband went through her things and discovered the credit card accounts she had opened in their names. He canceled all the cards and informed each bank, in writing, that the cards had been fraudulently obtained in his name.
Shortly afterward, Nina Kay MacDermid left her husband the following note:
Dear Don,
The pressure just got the best of me. I got to where I could not even
function any more. I am so sorry I let the house go, and everything,
please forgive me. I really do love you, but I just cannot take this
kind of pressure, and humiliation any longer. I am so sorry for all the
worry I have caused you Don, I just wish we were back at the old
church once again. I really do love you. I am so sorry to do this to us,
but I am not me any more Don. I do not want to take your money
either. We should have spent more time together, some vacations, and
not all work. I stayed here by myself way too much. I feel like I am
having a nervous breakdown. I keep the shakes all the time, and
numbness all through my body and paranoid, that is no way to live.
I will always love you, your wife Kay.
She bought a handgun and used it to kill herself. She left no warning, and neither her family or her doctors suspected she might do so.
As it turns out, debt collectors working for Discover had accused Ms. MacDermid of committing credit card fraud and threatened her with jail time. According to her treating psychiatrist, Dr. Koonen, her fear of incarceration was primary leading up to her suicide. He stated that in his professional opinion, the statements of Discover’s representatives were the “significant precipitating factor” in her suicide.
The Tennessee U.S. District Court eventually dismissed all of Mr. MacDermid’s claims against Discover. In its 5.29.2007 opinion, the Sixth Circuit reversed the decision of the district court, allowing Mr. MacDermid to go forward with his claim of intentional infliction of emotional distress. It found that Discover’s behavior was “outrageous conduct” within the meaning of Tennesee common law, even though Ms. MacDermid clearly owed the debt.
Here is a sampling, taken from the opinion, of the comments made by Discover’s collectors:
- had spoken with a lady named “Harriott†who had told her that, under the facts
described above, Mr. MacDermid is legally liable for his wife’s charge card; and - that she had filed a report with the Giles County Sheriff’s office; and
- that Harriott Barkly of the Giles County District Attorney’s office, advised her that because the MacDermids were married, and because Mr. MacDermid was aware of his wife’s problem, he “should keep a better eye on her†and should “keep her away from the internetâ€; and
- [that Adonica Gilmore stated about Mrs. MacDermid,] “I don’t think you want her going . . . well you knowâ€; and
- that there was no need for him to talk to a lawyer, because, even though there was no signature, and it was procured on the Internet, Mrs. MacDermid’s application is binding on Mr. MacDermid, and he is definitely liable; and
- that [Adonica Gilmore stated], if the matter could not be resolved, “I’ll just call Harriott†. . . and have the authorities “take a little trip out to your house.â€
[via Consumer Law & Policy]
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{ 2 comments… read them below or add one }
My thoughts & prayers to the MacDermind family. I hope they ellivate the people responsibile for such a horrific & senseless loss of life. I too went through such abuse with medical billing. MEDICAL BILLING SHOULD BE YOUR NEXT TOPIC! Hundreds, thousands of $$$$$ not owed turned over to collection agencies when my insurance paid 100% ! Letters, copies of EOBs, cancelled checks to vertify payment in full to no avail! Amount charged $1076 submitted to collection agency then collections VERBALLY reduce $1076 to $183 without explanation upon inquiry! Would I have been reinbursed the difference if I had paid the $1076!?! I inquired about reinbursement if I had paid the $1076 to no avail. Ask collection agencies questions. Suddenly they become speechless! If I was not a BRASSY B WITH CAPITAL LETTERS, MY HUBBY & I WOULD BE HOMELESS! Medical billing needs to be exposed for what it is….THE MOST PROFITIABLE WHITE COLLAR CRIME WITH AN ABUSIVE ATTITUDE!
I used to work for them as a collector, it sucked. I’d dont recommend being a collections agent to anybody unless your sadistic. Some were good people and truly tried to help the members, but its just plain inconsiderate what others did. However, It is also true a good majority of the delinquent members just didnt care about paying their bills. I am sooo glad to be out of that place.
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