The complaint for this class action takes United Collection Bureau (UCB) to task for violating the Fair Debt Collection Practices Act (FDCPA), but unfortunately it is not specific as to the respect in which the company has violated the law.
The class for this action is all natural persons who received a letter from UCB, dated between June 26, 2017 and the present, trying to collect a consumer debt, in a form materially identical or substantially similar to Exhibit A in this case.
Loretta A. Allberry alledgedly owes a consumer debt incurred via a Citibank credit card, for personal, family, or household expenses. When the debt became past due, it seems to have been transferred to UCB for collection.
In an effort to collect the debt, UCB sent a letter to Allberry on June 26, 2017. This is attached to the complaint as Exhibit A.
The FDCPA has strict requirements pertaining to information that must be given to consumers, either in a debt collector’s initial contact with them or within five days thereafter. These include such things as the name of the current creditor and the consumer’s right to dispute the debt or any part of it. Unfortunately, the complaint does not detail exactly how the letter violates the FDCPA.
The complaint does cite 15 USC § 1692g(a)(1). This part of the law reads, “(a) Notice of debt. Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing—
“(1) the amount of the debt…”
Examination of the letter shows a “New Balance,” a “Minimum Payment Due,” and a warning that interest or other charges may be added to the balance, so that “the amount due on the day you pay may be greater” than the amount in the letter.
The issue might be that no further interest or charges are being added to the debt. The complaint calls the letter a “false, deceptive or misleading means” for collecting a debt. Perhaps we will have to wait for the jury trial or a settlement for the allegations behind the complaint to be fully explained.