A lawsuit has been filed in federal court in Texas accusing a collector of violating the Fair Debt Collection Practices Act and Regulation F by not including the itemization information required in an initial collection notice that was sent to the plaintiff.
A copy of the complaint in the case of Mills v. Nationwide Recovery Service can be accessed by clicking here.
The defendant sent the plaintiff a notice in early April 2022, according to the complaint. The notice was the first written communication received from the defendant and attempted to collect on a debt of $1,940. The notice directed the plaintiff to the reverse side of the page for an “ITEMIZATION” of the debt. But the reverse side did not contain anything other than the total amount due, which allegedly confused the plaintiff because “she did not recall receiving any bill seeking that amount or otherwise being obligated” to pay the amount that was being demanded. It did not include a breakdown of the debt, including interest, fees, payments, and credits since the itemization date.
The notice also allegedly failed to include an itemization date, as required under Regulation F.
The complaint accuses the defendant of violating Sections 1692e, 1692e(2), and 1692e(10) of the FDCPA by misleadingly depriving the plaintiff of information that was “substantively required” and Section 1692g(a) of the statute for not adhering to Section 1006.34 of Regulation F by providing an itemization date and the itemization information., “despite the clear availability of model letters designed to ensure compliance with the new regulations.”
