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FDCPA

One Hand Giving Another Money

The complaint for this class action claims that a debt collection letter sent out by MCS Claims Services, Inc. does not give the letter’s recipient notice of her right to dispute the debt. Failing to do this, the complaint says, is a violation of the Fair Debt Collection Practices Act (FDCPA).

Papers on Clipboard Saying "Debt Collection"

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. 

Debt Ball and Chain

The Fair Debt Collection Practices Act (FDCPA) forbids debt collectors from threatening consumers with action they are not entitled to take or do not intend to take. The complaint for this class action alleges that Forster & Garbus, LLP and The Forster Group, Inc. have violated this law in suggesting that they may addd interest, fees, or other charges to a debt when in fact they do not have the authority to do so.

Bill with Words "Past Due" Stamped in Red

Most consumer debts are subject to a statute of limitations. This means that after a certain length of time has elapsed, the creditor can no longer sue the consumer for the debt and the debt can no longer be reported to credit reporting agencies. The exact length of time that must elapse before the debt becomes “stale” differs from state to state. The complaint for this New York class action claims that debt collector Ditech Financial, LLC violated state and federal laws by threatening to report stale debts to credit reporting agencies.

Bill Saying, "Final Notice"

Consumer debtors are entitled to know the name of the creditor to whom they are alleged to owe a debt, says the Fair Debt Collection Practices Act (FDCPA). However, the complaint for this class action claims that a collection letter sent by Business Revenue Systems, Inc. seems to cite only a generic business and not one that can be specifically identified.

Figure Carrying Letters D-E-B-T on Its Back

The Fair Debt Collection Practices Act (FDCPA) requires that a debt collector take care that the language used in a debt collection letter does not “overshadow” information that must be provided to the consumer. The complaint for this class action alleges that a letter sent by Cavalry Portfolio Services, LLC, contains a threat to report the debt to credit reporting agencies that seems to overshadow the consumer’s right to validation of the debt. 

Papers on Clipboard Saying "Debt Collection"

The Fair Debt Collection Practices Act (FDCPA) was designed to prevent abuse in the collection of consumer debt. One form of abuse is scaring a consumer by threatening to take action that is either illegal or that is not intended to be taken. The complaint for this class action alleges that a collection letter from Cavalry Portfolio Services, LLC is designed to scare a consumer with the threat of a lawsuit and stern implications about “further action” that will come after that. 

Debt Ball and Chain

Under the Fair Debt Collection Practices Act (FDCPA), the contents and wording of debt collection letters are crucial. Not only must statements be true; they must also avoid “overshadowing” information that is important to informing consumers of their rights under the law. The complaint for this class action claims that the letter sent by Cavalry Portfolio Services, LLC overshadowed its statement of the consumer’s right of validation of the debt by threatening to report the debt to credit agencies.

Papers on Clipboard Saying "Debt Collection"

Consumers cannot be sued for most of their debts forever. At some point, debts for personal, family, or household uses become time-barred and creditors can no longer take them to court to recover the money owed. The exact length of time it takes for a debt to become time-barred varies from state to state. The complaint for this class action alleges that debt collector Transworld Systems, Inc. tried to collect a debt without mentioning to the consumer that the debt was time-barred, in violation of the Fair Debt Collection Practices Act (FDCPA) and the Florida Consumer Collection Practices Act (FCCPA).

Debt Ball and Chain

The Fair Debt Collection Practices Act (FDCPA) intends to protect consumers by making the terms of their debts as clear as possible. To this end, it sets forth detailed requirements about how things can be stated. The complaint for this class action claims that the debt collection letter received by plaintiff Jaroslaw T. Wojcik violates these requirements by making the amount of debt unclear, by using the term “current balance” without making clear whether the balance will change or not.

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