A collection law firm and a student loan company have had a class-action lawsuit filed against them, with the plaintiff accusing the defendants of raising the “specter of potential legal action,” because a collection letter was signed by an attorney.
A copy of the Notice of Removal, which was filed by the defendants in an attempt to have the case moved from a New York State Court to federal court, can be downloaded here.
The plaintiff defaulted on his student loan and was subsequently contacted by a collection law firm. The letter was signed, “Very truly yours, Christopher R. Meyer, Admitted to Practice in New York, New Jersey.”
That closing was enough to indicate that the defendants were “proceeding more aggressively” in attempting to collect on the debt, and a least sophisticated consumer would fear that his or her “financial interests were in potential jeopardy.”
The defendants are accused of violating the Fair Debt Collection Practices Act by raising the “specter of potential litigation” even though it had no plans to pursue that strategy, the complaint alleged. The defendants violated the FDCPA because they “falsely implied meaningful attorney involvement.”
Because the claim arises out of an alleged violation of the FDCPA, the defendants are seeking to have the cased remanded to the District Court for the Eastern District of New Jersey.
