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Misleading or Confusing Debt Collection Letter

Debt Papers with "Final Notice" in Red

One of the main points of the Fair Debt Collection Act (FDCPA) is that debt collection letters should be absolutely clear to consumer debtors, so that they will not misinterpret them and can make the best decision possible under the circumstances. In this case, the complaint claims that LTD Financial Services Limited Partnership violated the FDCPA because it does not make sufficiently clear that settlement offers may be repeated. 

Figure Carrying Letters D-E-B-T

The Fair Debt Collection Practices Act (FDCPA) sets forth many requirements for debt collection letters and the clarity of information that must be present to debtors. The complaint for this class action alleges that defendants Vital Recovery Services, Inc. and LendingClub Corporation did not meet the requirements for clarity about the amount owed when attempting to collect a debt from plaintiff George William Lynch.

Pile Made of Repetitions of Word DEBT

One of the first things a debtor must know before paying a debt is who the former and current owners are. Without that information, the debtor can’t be sure if the debt is valid or not. The complaint for this class action claims that the debt collection letter sent by AWA Collections to plaintiff Ashley Porter violated the Fair Debt Collection Practices Act by failing in this most basic of necessities. 

Human Figure Carrying Debt

NAR, Inc. didn’t even spell the name of the debtor correctly, the complaint for this class action alleges. Still, that isn’t the main point. According to the complaint, in its collection letter, NAR falsely represented that interest, fees, and costs were still accruing, thereby pressuring debtors to pay the debts as soon as possible. This, the complaint says, is a violation of the Fair Debt Collection Practices Act (FDCPA).

FDCPA Seal

If a debt collector leads a debtor to believe that payment now is advantageous, even if it isn’t, particularly, is that deceptive? The complaint for this class action alleges that it is, and that it is also a violation of the Fair Debt Collection Practices Act (FDCPA). 

Debt Papers with "Final Notice" in Red

If a debt letter states that there is an “original creditor,” does the suggest that there is also a “current creditor”? And does a request to call “upon receipt” of a debt collection letter overshadow the consumer’s 30-day period of validation rights? The complaint for this class action believes so, and therefore claims that debt collection letters sent out by Pollack & Rosen, PA violate the Fair Debt Collection Practices Act (FDCPA). 

Person Buried Under Letters D-E-B-T

Are debtors more likely to obtain credit from the same creditor if they pay a past-due debt in full rather than settle for a smaller amount? The complaint for this class action claims that this is a false claim and that FirstSource Advantage violated the Fair Debt Collection Practices Act (FDCPA) by including it in its debt collection letter. 

Hand Putting Money into Outstretched Other Hand

The Fair Debt Collection Practices Act (FDCPA) attempts to protect consumers from misleading or confusing statements in debt collection letters. The complaint for this class action claims that statements in the debt collection letter sent to consumers by United Collection Bureau, Inc. could confuse or mislead the letters’ recipients. Among other things, the letter suggests that paying the debt in full could make the debtor more likely to receive credit from the original creditor in the future, a statement the complaint claims is false.

Paper on Clipboard Headed "Debt Collection"

One of the most important things for debtors to know is the amount they owe. According to the complaint for this class action, the debt collection letter sent by the CBE Group, Inc. was unclear about whether the amount shown was the final amount or still subject to change, in violation of the Fair Debt Collection Practices Act (FDCPA). 

Papers on Clipboard Saying "Debt Collection"

What is the purpose of a debt collector telling debtors that they have the “right” to request that collection calls not be made to their place of employment? Is it to suggest that such calls might be made in the future? Is it to push the debtor to contact the debt collector and be subjected to the additional pressure of a phone conversation? In any case, the complaint for this class action alleges that the letter sent out by Action Collection Agencies, Inc. explaining this “right” violates the Fair Debt Collection Practices Act (FDCPA).

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