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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 against a collection operation for allegedly violating the Fair Debt Collection Practices Act because it sent a Model Validation Notice — with a date on it — to the plaintiff and did not provide a 30-day window for the plaintiff to dispute or seek verification of the debt.
A copy of the complaint, filed in the District Court for the Eastern District of Texas, can be accessed using case number 23-cv-00258 or by clicking here.
The plaintiff received the Notice, which was dated August 2, 2022. The Notice informed the plaintiff he had until September 2 to dispute the debt or to ask for the name and address of the original creditor, if it was different than the name and address of the current creditor.
Under Regulation F — just like under the FDCPA — the validation period ends 30 days from the date the collector provides validation information to the consumer. What is different under Regulation F is that the clock on the 30-day period doesn’t start until the consumer receives the notice. A collector can assume that the consumer received the notice on any date that is at least five days — excluding legal public holidays, Saturdays, and Sundays — after the collector provides it.
Not receiving a full 30 days to dispute the debt or seek additional information cause the plaintiff to suffer from anger, stress, worry, frustration, embarrassment, and mental distress, according to the complaint.
The complaint accuses the collector of violating Sections 1692e, 1692e(10), and 1692g(b) of the FDCPA and seeks to include any consumer in the United States who received a similar letter from the defendant that seeks to collect on a consumer debt within one year prior to the filing of this action.
