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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 class-action lawsuit has been filed in New York federal court against a collection agency for allegedly sending an initial communication to a consumer via email without including all of the itemization information required under Regulation F.
A copy of the complaint, filed in the District Court for the Northern District of New York, can be accessed using case number 23-cv-00419 or by clicking here.
The email did not include an itemization of the account in question, breaking down the interest that has accrued, any fees that have been incurred, and any payments or credits that have been applied to the account. The complaint also accuses the defendant of not providing a 30-day window for the plaintiff to dispute the debt. The email was sent on October 5, 2022 and the email said the plaintiff had until November November 4, 2022 to dispute the debt or seek validation information.
The email included a note that the plaintiff had an option to settle the debt for less than the full balance owed and to create a customized payment plan by logging into the defendant’s portal.
The complaint does not appear to this non-lawyer’s eyes to reference the concrete injury the plaintiff suffered as a result of the alleged infractions by the defendant, other than to claim that the plaintiff has a right to be free from abusive practices by debt collectors and a right to receive proper notices mandated by the FDCPA.
The defendant is accused of violating Sections 1692e, 1602e(10), 1692f, 1692g(a), 1692g(a)(3), 1692g(a)(4), and 1692g(b) of the FDCPA. The suit seeks to include anyone else in New York who received an email from the defendant that served as an initial communication and in which the itemization information was not included.
