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DISCLAIMER: This article is based on a complaint. The defendant has not responded to the complaint to present its side of the case. The claims mentioned are accusations and should be considered as such until and unless proven otherwise.
A collector is facing a class-action complaint for allegedly violating the Fair Debt Collection Practices Act and Regulation F by sending an initial notice — that was not the Model Validation Notice — which did not specifically mention the itemization date — but did reference the charge-off date — while also referencing an “open date” that came more than two years after the “chrage-off” [sic] date.
A copy of the complaint, filed in the District Court for the Middle District of Florida, can be accessed using case number 23-cv-00043 or by clicking here.
The plaintiff incurred a debt which was placed with the defendant for collection. The defendant sent the plaintiff a letter last July. The letter was allegedly the initial communication between the two parties. The letter allegedly failed to include “multiple disclosures and statements required pursuant the rules promulgated by the CFPB,” according to the complaint. To illustrate the plaintiff’s point, it references that the letter does not include an itemization date, but does include a “chrage-off” [sic] date that is two years before the open date. The letter also allegedly fails to provide required disclosures and the consumer-response section included in the MVN.
The complaint alleges the defendant violated Sections 1692e(2)(A), 1692e(10), 1692f, and 1692g of the FDCPA as well as Sections 1006.34(c)(2), 1006.34(c)(3), and 1006.34(c)(4) of Regulation F.
