Failure to Clearly State Name of Creditor
The complaint for this class action alleges that debt collectors CACH, LLC and Messerli & Kramer, PA violate the Fair Debt Collection Practices Act (FDCPA) as well as the Nebraska Consumer Protection Act (NCPA) when they file against consumers in the Nebraska courts.
The Fair Debt Collection Practices Act (FDCPA) tries to ensure that consumer debtors are given information clearly and unambiguously. The complaint for this class action alleges that a collection letter from Paul Michael Associates was unclear and confusing as to whom the debt was currently owed.
One of the concerns of the Fair Debt Collection Practices Act (FDCPA) is that the consumer not be confused by information contained in letters sent by third-party debt collectors. The complaint for this class action claims that Credit Service of Logan, Inc. sent a letter that was inherently confusing because it did not correctly identify the original creditor for the debt.
The American Medical Collection Agency—aka Retrieval Masters—sent a debt collection letter to plaintiff Sam Junik, dated February 3, 2017, attempting to collect a defaulted consumer debt, but according to the complaint, the letter violated the FDCPA in two ways. First, the letter identifies Quest Diagnostics, Inc. as the “service provider” but does not make clear whether Quest is the original or current creditor. Second, Junik alleges that he does not owe the debt because he authorized no services and did not agree to pay for them.