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Unlawful Debt Collection

Debt Papers with "Final Notice" in Red

The Fair Debt Collection Practices Act (FDCPA) tries to protect consumers from abusive, unfair, or misleading debt collection activites by third-party debt collectors. The debt collection letter from Rubin Lublin, LLC described by the complaint for this class action sounds like it’s all three—abusive, unfair, and misleading. Among other things, it contains a demand that overshadows the plaintiff's rights, threatens him with a lawsuit that cannot legally be brought, and pressures him to make a payment that would make the lawsuit possible again.

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

The Fair Debt Collection Practices Act (FDCPA) tries to ensure that consumers have accurate information about their rights and their debts, and that all information is clear, so that consumers can make the best possible decisions about when and how to pay their debts. The  complaint for this class action claims that debt collector McCarthy, Burgess & Wolff, Inc. violated the law by failing to make clear the amount of the debt and whether or not that amount is still increasing. 

Debt Ball and Chain

The complaint for this class action claims that debt collector Enhanced Recovery Company, LLC, failed to make plain the current creditor to whom debts are owed in its debt collection letters to consumers. This complaint alleges that this is a violation of the Fair Debt Collection Practices Act (FDCPA).

Money Passing from One Hand to Another

The Fair Debt Collection Practices Act (FDCPA) seeks to provide consumers with clarity about what they owe and what their rights are under the law. The complaint for this class action claims that Carson Smithfield, LLC violated the law by sending a second debt collection letter that overshadowed information contained in the first.

Papers on Clipboard Saying "Debt Collection"

The complaint for this class action claims that the debt collection letter sent out by Forster & Garbus was confusing about the total amount of the debt due and the minimum payment needed to stop collection actions. The Fair Debt Collection Practices Act (FDCPA) requires that consumer debt collection letters be clear and unambiguous and provide certain information, and the complaint points out several ways in which the Forster & Garbus fails to meet these requirements. 

Graduate with Ball and Chain

You’d think that a company that sues people for student loan debts would have to prove that they owned the debt. But this complaint claims that the defendants in this class action can’t do that. 

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

Is a debt collector responsible if a consumer is confused by general information on its website? The complaint for this class action claims that CMRE Financial Services, Inc. is, because it sent a debt collection letter that specifically directed the recipient to its website for information.

Debt Ball and Chain

The Fair Debt Collection Practices Act (FDCPA) intends to curb abuse by third-party debt collectors and ensure that consumer debtors have adequate information to make the best decisions possible as to what to do about debts. The complaint for this class action claims that Synergetic Communication, Inc. and Community Health Network, doing business as EOS CCAA, violated the FDCPA with the collection letter sent to the plaintiff in this case. The letter does not make clear that the debt is time-barred, that no one can currently sue for it, but that a payment may revive the statute of limitations and the ability to sue.

Synergetic Communication Logo

Consumer debts can become “stale.” That is, after a certain period of time, no one can sue the consumer to collect the debt. This period of time is known as the statute of limitations, and it varies from state to state. The complaint for this class action claims that Synergetic Communication, Inc. did not clearly tell consumers with stale debt that they could no longer be sued by anyone for the debt—unless they made a payment and revived the statute of limitations.  

Bill with Words "Final Notice" Stamped in Red

Consumer debtors often do not know their rights under the law, which is why the Fair Debt Collection Practices Act (FDCPA) requires such precision in the language used in third-party debt collection letters. The complaint for this class action claims that AvanteUSA, Ltd., collecting on behalf of Cascade Capital, LLC, made an important omission in its collection letters in stating the validation rights of consumers: It did not tell them that certain requests had to be made in writing in order to preserve their rights.

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