New York Man Files New FDCPA Class Action Lawsuit

A New York man recently filed a FDCPA class action lawsuit against a New York debt collection agency, claiming that the company violated FDCPA rules.

The plaintiff, Stefano C., claims in his FDCPA class action lawsuit that the debt collection agency FirstSource Advantage engages in abusive and deceptive practices in its attempts to collect an alleged debt.

According to the lawsuit, Stefano received two letters from FirstSource attempting to collect a debt on behalf of American Express. The letters included an account balance, and also noted the total balance due “as of the date of this letter.”

This lawsuit claims that the letters contained false or misleading representations—it falsely suggested that “immediate payment of the balance would benefit Plaintiff financially,” when that is not actually the case.

The lawsuit further claims that neither of these letters adequately and honestly conveyed the amount of debt owed, which includes not just the amount owed at the time the letter is sent, but also a projected amount if paid in the future. Instead, the letters hinted vaguely at “timing and system limitations.”

By filing this FDCPA class action lawsuit, Stefano hopes to bring in plaintiffs who had similar experiences with FirstSource, and prevent the company from making these errors in the future.

Class members included in Stefano’s FDCPA class action lawsuit are New York residents who received a collection letter from FirstSource that attempts to “collect an obligation owed to or allegedly owed to American Express” in a similar fashion to Stefano’s own situation.

What is The FDCPA?

The Fair Debt Collection Practices Act (FDCPA) is a set of debt collection laws passed back in 1978 to protect consumers from debt collection harassment and unfair practices.

The FDCPA has a number of regulations, which include strict rules about when debt collectors can call consumers (only from 8:00 AM to 9:00 PM). The FDCPA also prohibits debt collectors like FirstSource from calling at work if a consumer objects, as well as threatening or harassing debtors. The FDCPA cannot make demands or threats, and instead can only offer a consumer information about their debt and how they can pay it.

New York FDCPA rules are actually more in depth. The New York FDCPA expands on these federal laws which is a recent change. The state’s debt collection regulations were intensified back in 2015. According to these updated New York debt collection rules, debt collectors are banned from the following practices:

• Sending confusing letters
• Communicating with third parties about a debt
• Making threats
• Harassment
• Adding fees or collection charges to the debt
• Calling too often
• Calling at inconvenient times of day
• Collecting on old debts
• Making robocalls

Filing a New York FDCPA Class Action lawsuit

If you live in New York and a debt collector agency such as FirstSource has used unfair debt collection practices in violation of the FDCPA or New York debt collection regulations, you may be able to file a FDCPA class action lawsuit and gain compensation owed for violations of federal and/or state debt collection regulations.

The FDCPA Class Action Lawsuit is Case No. 1:17-cv-05454-KAM-RLM, in the U.S. District Court for the Eastern District of New York.

Join a Free New York Unfair Debt Collection Class Action Lawsuit Investigation

If you live in New York and a lender or debt collector engaged in unfair debt collection practices, you may have a legal claim and could be owed compensation for violations of the Fair Debt Collection Practices Act (FDCPA).

Get a Free Case Evaluation Now

DISCLAIMER: Debt collection itself is not illegal. However, debt collection firms collecting on consumer debts must adhere to the FDCPA. Even though debt attorneys are investigating these companies, their debt collection practices may be legal.