Woman Files Unfair Debt Collection Lawsuit Alleging FDCPA Violations

A New York woman recently filed an unfair debt collection lawsuit against National Enterprise Systems Inc. and Main Street Acquisition Corp., alleging the companies violated the Fair Debt Collection Practices Act (FDCPA).

The lawsuit filed is represented as an FDCPA class action lawsuit. The proposed class members have allegedly been similarly affected by the defendant’s violations of the FDCPA.

The plaintiff, Aida M., claims in her lawsuit that National Enterprise and Main Street used deceptive and confusing debt collection practices. The defendant’s FDCPA violations, Aida claims, include attempting to collect on a debt after the statute of limitations had expired.

According to the unfair debt collection lawsuit, the debt had been assigned to the defendants for collection and they attempted to collect on Aida’s debt through a letter. However, in the letter to the plaintiff, they had failed to notify her that the debt may have expired under the statute of limitations. Additionally, the unfair debt collection lawsuit claims that the letter also failed to provide a notification to Aida that no legal action could be taken to collect on the debt.

According to the unfair debt collection lawsuit, they had also failed to notify her that “any partial payment by plaintiff may result in the revival of plaintiff’s otherwise time-barred debt,” a violation of FDCPA regulations.

What is the FDCPA?

The Fair Debt Collection Practices Act became effective on March 20, 1978. It was enacted to eliminate unfair, deceptive, and abusive debt collection practices. The FDCPA has several strict rules and regulations that debt collectors must follow to collect on a debt. Some of these rules include the time of day that a debt collector can contact a consumer (8:00 AM to 9:00 PM).

The New York FDCPA also includes regulations that provide consumers with additional protections, beyond what is provided at the federal level.

Some of the practices that debt collectors must avoid include: 1) sending confusing letters; 2) making threats; 3) communicating with third parties about a debt; 4) harassment; 5) calling too often; 6) collecting on old debts; 7) adding fees or collection charges to the debt; and 8) making robocalls.

Under the FDCPA there are also rules and regulations on the ability of a company to collect on an old debt. Debts have an expiration date known as the statute of limitations.  The statute of limitations prohibits debt collectors from pursuing a consumer indefinitely. Although this time frame varies between states, a consumer should always check to confirm that the statute of limitations hasn’t expired before making a payment on an old debt.

In addition to protecting consumers from unfair debt collection practices, the FDCPA also protects reputable debt collectors from deceptive and unfair debt collection competition.

The Unfair Debt Collection Lawsuit is Case No. 1:17-cv-06502-MKB-CLP, 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).

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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.