Can a collection agency who purchased collection rights to a charged off debt legally sue in the name of Original Creditor?
Collection Agency has filed a Complaint naming Amex as Plaintiff. Called Amex to check status of alleged account and they report they no longer have access to account and to call the agency. Eventually spoke to a representative who stated that the account was sold to agency.
It appears that collection agency knowingly filed suit in name of original creditor to avoid the difficulty in proving the validity of a debt that's no longer owned by original creditor. Wouldn't this be considered an unfair and deceptive practice? Can the case be dismissed due to the Plaintiff not being a real party of interest?
Charged off accounts are sometimes assigned or purchased with rights to sue in the name of creditor. Even if this is true, wouldn't there still be grounds for dismissal?

