A class-action lawsuit has been filed against a company for violating the Fair Debt Collection Practices Act and Regulation F because the itemization date that was used in a Model Validation Notice that was sent to a plaintiff was allegedly not one of the five allowed dates approved by the Consumer Financial Protection Bureau.
A copy of the complaint in the case of Ortiz v. Helvey & Associates can be accessed by clicking here.
The plaintiff received a Model Validation Notice from the defendant in regard to an unpaid utility bill. The notice, which was dated February 16, 2022, included an itemization table that said “As of February 9, 2022, you owed $340.81.”
While collection agencies are not required to detail which of the five dates it chooses to use to itemize a debt — last statement date, last payment date, charge-off date, judgment date, or transaction date — the complaint alleges that February 9 is none of those dates. Using a date that is not permitted under Regulation F “wrongfully causes the least sophisticated consumer to falsely believe that the Represented Itemization Date is the Last Statement Date, the Charge Off Date, the Last Payment Date, the Transaction Date, or the Judgment Date,” according to the complaint. The complaint does not indicate how the plaintiff knows that none of those dates correspond to the itemization date and the Model Validation Notice does not include a reference to indicate which date is being used.
The class seeks to include anyone in Florida who received a similar Notice from the defendant.
The complaint accuses the defendant of violating Sections 1692e, 1692e(2)(A), 1692f, and 1692g of the FDCPA because of the alleged issue with the itemization date.
