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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 Fair Debt Collection Practices Act lawsuit in Florida for writing a response to a validation request in English to a letter that was submitted in Spanish. The suit also accuses the defendant of violating provisions of Regulation F.
A copy of the complaint, filed in the District Court for the Southern District of Florida, can be accessed using case number 23-cv-22185 or by clicking here. A copy of the validation request and a copy of the response provided by the defendant can be accessed by clicking here.
Last October, the plaintiff mailed the validation request to the defendant. The letter allegedly disputed the debt and requested validation. A month later, the defendant responded to the request with a letter, an account statement, and a summary report, all of which were in English.
The complaint does not specifically mention or include an exhibit where the defendant indicated that it offered access to Spanish-language translations of letters and other account information, which is an option — but not a requirement — under Regulation F. It was on information and belief that the defendant used such language in its initial communication to the plaintiff about the subject debt.
As a result of the defendant’s actions, the plaintiff suffered distress, embarrassment, humiliation, disruption, and other damages. She also expended time, money, and resources to determine how to respond to the defendant’s activities.
The complaint seeks to include anyone living in Florida who submitted validation letters in Spanish but received responses from the defendant in languages other than Spanish. The complaint accuses the defendant of violating Sections 1692e, 1692e(10), 1692f, and 1692g of the FDCPA.
