Abusive Debt Collection Practices Inspire Latest FDCPA Complaint

In response to what plaintiff Ivan Nedd believes were several abusive debt collection practices, he filed a debt collection class action lawsuit against Aspect National Financial Inc. on Sept. 6, 2017 in U.S. District Court for the Eastern District of New York.

According to Nedd’s complaint, he and other similarly situated plaintiffs are accusing Aspect National Financial Inc. which does business as Aspen National Collections, of violating the Federal Debt Collection Practices Act (FDCPA).

The FDCPA was passed in 1977 so that collectors of debt who focused on more ethical means of negotiating repayment with debtors were not disadvantaged in the marketplace when up against agencies using abusive debt collection practices. The FDCPA also gives debtors a method of taking legal action against a collection agency using unfair methodology and manipulation to obtain its remittance goals.

Congress had discovered through investigative inquiry that abusive debt collection practices contributed to job loss, rates at which individual bankruptcy was filed, and multiple violations of personal privacy.

Allegations of Abusive Debt Collection Practices

At issue in this FDCPA lawsuit against Aspect National Financial Inc. is the mass mailing of a letter to proposed Class Members located in the State of New York that allegedly owed money to “Vac Villg and Parkway OA.” Nedd provided his copy of the form letter, which he believes was sent to people numbering in the hundreds.

According to the narrative present in the lawsuit, Ivan N.’s letter is representative of the abusive debt collection practices that are unlawful. In the form letter, after an initial communication, there was verbiage indicating that the stated amount owed might change due to unspecific charges in addition to late charges and interest.

Each letter indicates a debt amount but states that this might vary from day-to-day based on these indeterminate charges. The failure of the plaintiff’s letter to provide clear information as to the exact amount owed is allegedly in violation of the FDCPA, which states that the collector must clearly and succinctly state the amount of debt owed. This must be clear enough to be understood by the “least sophisticated reader” of the document.

On behalf of the proposed Class Members, Nedd is bringing the following count against the defendant: Count One – Failure to Adequately and Honestly Convey the Amount of the Debt, 15 USC 1692.

The plaintiff is asking for statutory and actual damages, pre-judgment and post-judgement interest, and a return of all attorney and court costs.

This Abusive Debt Collection Practices Class Action Lawsuit is Case No. 1:17-cv-05229-LDH-RLM in 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.