Another Class Action Filed Over Confusing Creditor’s Name in Letter

Following the certification of a case last week in California, another class-action lawsuit has been filed, alleging a collection agency violating the Fair Debt Collection Practices Act by not properly identifying the creditor in a collection letter sent to an individual.

A copy of the complaint in the case of Tataru v. RGS Financial can be accessed by clicking here.

The plaintiff is accusing the defendant of violating Section 1692g of the FDCPA by failing to accurately state the name of the creditor to whom the debt is owed, and Section 1692e(10) by making a false or misleading statement in the letter because the name of the creditor does not exist, according to the complaint.

The letter in question referenced FNB Omaha II as the creditor to whom the debt was owed. Neither the plaintiff nor an unsophisticated consumer would be able to ascertain the identity of FNB Omaha II, according to the complaint.

In seeking class-action status, the plaintiff is looking to include anyone in Illinois who received a collection letter from the defendant.

Last week, a federal judge in California certified a class action in the case of Brown v. Jonathan Neil & Associates

over a collection letter that included the subject line, RE: MERCURY CASUALTY INSURANCE, but did not indicate whether Mercury Casualty Insurance was the current creditor or whether the letter was an attempt to collect a debt owed to Mercury Casualty Insurance.