The collection letters sent out by Midwest Receivable Solutions, LLC are deficient in two ways, says the complaint for this class action. According to the complaint, they violate the federal Fair Debt Collection Practices Act (FDCPA) as well as the Wisconsin Consumer Act (WCA).
Maryann Olszewski allegedly owes a debt to We Energies Utilities for heating and electricity.
Midwest Receivable Solutions sent her a letter dated April 16, 2018, attached to the complaint as Exhibit A.
This letter says, “If you notify this office within thirty-days [sic] from receiving this notice, this office will obtain verification of the debt or obtain a copy of a judgment and mail you a copy of such judgment or verification. If you notify this office within thirty-days [sic] after receiving this notice, this office will provide you with the name and address of the original creditor…”
However, the FDCPA specifies that the consumer must notify the debt collector in writing in order to protect her rights. The complaint says, “Although the consumer may effectively dispute a debt orally, the debt collector is not required to cease collection or provide verification upon oral notice of the dispute.”
The Exhibit A letter also cites a “Total Current Balance Placed” of $2,584.02, but the body of the letter and the payment remittance slip say that the amount of the debt is $1,565.37.
On or about the same day, Midwest Receivable sent Olszewski a second letter, attached to the complaint as Exhibit B. This letter also neglects to state that the request for validation or the name of the original creditor must be made in writing. The Exhibit B letter also cites a “Total Current Balance Placed” of $2,584.02, but the body of the letter and the payment remittance slip say that the amount of the debt is $1,018.65.
The letters thus fail to properly protect Olszewski’s rights and are confusing as to the amount she owes.
The In Writing Class for this action is
The Amount of Debt Class for this action is