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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 debt collector is facing a Fair Debt Collection Practices Act class-action lawsuit in the District Court for the Eastern District of New York because it sent the plaintiff a collection letter that included the name of the original creditor on the “letterhead” of the letter which allegedly made it appear as though the letter was coming from the creditor and not the defendant.
The Background: In May, the plaintiff received a collection letter from the defendant.
The plaintiff was confused because she had never heard of the defendant and did not know its connection to the subject debt. The letter was misleading because it left the plaintiff guessing about who actually sent it because the name of the creditor appears in large, bold capital letters “near the very top of the collection letter.” The plaintiff was also allegedly confused because the address right under the name of the creditor made it appear as though that was the creditor’s address, which made her unsure where her payment needed to be sent.
The Claims: The plaintiff is accusing the defendant of violating Sections 1692e, 1692e(10), and 1692f of the FDCPA by making a false and misleading representation when it attempted to convey that the letter was being sent by the original creditor rather than the defendant, who was unknown to the plaintiff.
- The suit seeks to include anyone else who received a collection letter from the defendant that stated the same mailing address for the original creditor and the defendant.
