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Misleading or Confusing Debt Collection Letter

Bill with Words "Final Notice" Stamped in Red

The Fair Debt Collection Practices Act (FDCPA) requires that debt collectors tell consumers of their rights to validate the debt. The complaint for this class action claims that debt collector I. C. System, Inc. (ICS) provided misleading information about these rights in its letter to the plaintiff, thus violating the FDCPA as well as the Wisconsin Consumer Act (WCA).

Letters D-E-B-T with Ladder Against D

One tactic that debt collectors have used to scare consumers into paying is to imply that they are getting into circumstances over their heads because attorneys or government entities are involved. The complaint for this class action claims that the reference to filing a form with the Internal Revenue Service (IRS) in a debt collection letter was one such scare tactic, and that such tactics are illegal under the Fair Debt Collection Practices Act (FDCPA).

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

If a debt collector does not properly identify the original creditor for a debt, it’s difficult for a consumer to know if she in fact owes the debt. The complaint for this class action claims that a debt collection letter from Northstar Location Services, LLC falsely identified the original creditor, making the letter misleading and confusing. Misleading and confusing debt collection letters are a violation of the Fair Debt Collection Practices Act (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 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.

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