New Debt Collection Lawsuit Alleges FDCPA Violations

A new debt collection lawsuit filed in U.S. District Court on Jan. 8, 2018 alleges Federal Debt Collections Practices Act (FDCPA) violations.

The complainant in this debt collection lawsuit is plaintiff Nicolle J., a citizen and resident of the state of New York. She is filing this action on behalf of herself and that of others similarly situated. She hopes to be certified as class representative by the U.S. District Court for this suit.

Nicolle J.’s debt collection lawsuit names Client Services Inc. as the defendant in this case. Client Services Inc.’s principal business activity is to attempt to collect debt owed to a third-party through various means such as telephone, letter, and facsimile. The company’s headquarters is in St. Charles, Mo.

The Debt Collection Lawsuit Allegations

The plaintiff, Nicolle J., by representing a proposed Class of New York citizens and residents, hopes to fight for the rights of people that have received a debt collection letter similar to the one she received. The proposed class period has been determined to be within one year prior to the Jan. 8, 2018 filing.

A sample of the form debt collection letter is included with Nicolle’s debt collection lawsuit exhibits. It is believed to have been sent to hundreds of New Yorkers.

The collection letter allegedly violated the FDCPA. It identified the plaintiff as owing a “current balance,” which Nicolle argues could be interpreted to mean the balance was subject to interest, late fees and the like and could grow substantially if not paid in full.

Nicolle asserts the law doesn’t allow for statements that could be misread or misunderstood; these can be viewed as threatening by the “least sophisticated consumer.” The debt collection lawsuit alleges false and misleading representations as to the status of a debt.

The plaintiff is asking for certification of herself, her attorney, and the debt collection lawsuit as class representative, class counsel, and class action, respectively. She demands a trial by jury and asks for a favorable award of compensatory and statutory damages, as well as any other award that seems fair in the light of evidence provided.

What is the FDCPA?

The Federal Debt Collections Practices Act, or FDCPA, is an amendment to the Consumer Credit Protection Act. It was passed in 1977.

The purpose in passing the amendment was to curtail unfair and abusive debt collection activities. It was also hoped that its passing would provide statutory means for consumers to address abusive practices when they were directed toward themselves.

Some of the things that the FDCPA prohibits are:

• Deceptive Misrepresentation—misrepresenting the amount of the debt, or tricking the consumer into believing the debt collector is an officer of the law or attorney with power and influence.
• Consumer Credit Report Falsification—Making false reports to the alleged debtor’s credit report
• Telephone Harassment—Calling alleged debtor repeatedly or at work.

The state of New York has additional consumer debt protection laws in place to protect New Yorkers from harassment, such as not allowing collectors to communicate with 3rd parties about your debt, using robocalls or making threats.

If you feel that you have been subject to violations of the FDCPA in New York, you may have legal recourse. A specialized attorney can answer questions and help define if you have a case against the collection agency.

The Debt Collection Lawsuit is Case No. 1:18-cv-00135 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.