The Fair Debt Collection Practices Act (FDCPA) requires that consumers be clearly informed of details relating to their debt. The complaint for this class action says disagreement between information from a credit card company and debt collector Global Credit & Collection Corporation sowed confusion about the minimum amount required to bring the account current.
The class for this action is
Plaintiff Julie Voeks allegedly owed Citibank a consumer debt, incurred with a Best Buy credit card, for personal, family, or household purposes.
Exhibit A attached to the complaint is a statement sent to her by Citibank on or about November 17, 2017. The statement shows a “Past Due Amount” of $215.00 and an “Amount over Credit Limit” of $124.86. The “Minimum Payment Due” is listed as $407.86, and the “Payment Due Date” for this amount is December 12, 2017.
Before this due date arrived, Voeks received a letter dated November 30, 2017, from Global Credit in regards to her Best Buy Visa account with Citibank. The letter is attached to the complaint as Exhibit B. The letter showed a “Minimum Payment” of $283.00, a number clearly different from the $407.86 minimum payment shown on the Citibank statement.
The complaint claims that Global Credit’s letter is “false, deceptive, misleading, and confusing to the unsophisticated consumer” because even if Voeks had paid the $283.00 shown, she would have remained in default on the credit card.
The complaint suggests that Global Credit arrived at the $283.00 amount by leaving out the amount over Voeks’s credit limit. In any case, since the minimum payment amounts do not match, the letter would be confusing to an unsophisticated consumer.
The complaint has one more gripe with Global Credit’s letter. On the front, it says, “Should you have any questions concerning your payment or your account, please contact our office at the number provided below.” According to the complaint, this line overshadows the debt validation notice, which is less conspicuous, being printed on the back of the letter. According to the complaint, the consumer’s rights are only ensured by a written dispute of the debt, and the invitation to call undercuts this.
According to the complaint, the Global Credit Letter violates both the FDCPA and the Wisconsin Consumer Act.