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Misleading or Confusing Debt Collection Letter

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.

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.

Pile Made of Repetitions of Word DEBT

Did a debt collection firm use the name and letterhead of a related law firm to try to collect a debt because consumers are more intimidated by law firms? The complaint for this class action protests against the use of Levinbrook Law Firm, PC stationery and name to collect a debt assigned for collection to Middle Country Collection Services, Inc. It claims that the use of the law firm name is deceptive and misleading, in violation of the Fair Debt Collection Practices Act (FDCPA). 

Person Buried Under Letters D-E-B-T

Why would a debt collection company claim that they have “just received” an account, even after sending numerous messages about it, or refer to conversations that had not taken place? The complaint for this class action provides a possible explanation in the company’s use of automation to compose and send messages, but nonetheless finds the communications violate the Fair Debt Collection Practices Act (FDCPA).

Money Being Passed from Hand to Hand

The complaint for this class action alleges that the debt collection letter sent out by Choice Physicians Billing, Inc. is deficient on several accounts and does not satisfy the requirements of either the Fair Debt Collection Practices Act (FDCPA) or the Florida Consumer Collections Practices Act (FCCPA). Among other things, the letter does not warn the recipient that at least a portion of the debt is stale and cannot be legally enforced.

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