Collector Made Harassing Phone Calls to Collect Disputed Debt, Woman Claims

A New York woman recently turned to litigation after being targeted in non-stop, harassing phone calls over a disputed debt, allegedly violating the FDCPA.

The plaintiff, Elionora S., claims that the New York debt collection agency Arstrat used deceptive debt collection practices in an attempt to collect a disputed debt.

According to Elionora’s FDCPA class action lawsuit, Arstrat began attempting to collect a disputed debt from Elionora in June 2017 on behalf of a third party. The disputed debt in question is a “purportedly overdue account with North Shore University Hospital,” the lawsuit notes.

A collection letter was sent in June in an attempt to collect the alleged debt. A few weeks later, Elionora claims that she called Arstrat over the alleged debt for details. She authorized her own representative to discuss the disputed debt with the Arstrat representative. Arstrat kept emphasizing that they needed a reason for the dispute and would not adequately engage with Elionora’s representative on the phone. Elionora claims the whole scenario was confusing, obscuring the actual details of the alleged debt.

The FDCPA class action lawsuit claims that Arstrat’s attempts to collect the disputed debt were false, deceptive, and misleading. “Upon information and belief, [Arstrat] and its employees, wrongfully implied to Plaintiff that a dispute needs to be deemed valid in order for it to be considered a dispute,” the complaint says. Such a practice would “unfairly intimidate and force debtors in to paying disputed debts.”

Elionora filed her FDCPA class action lawsuit on behalf of herself and all others similarly situated who have been targeted by deceptive debt collection practices by Arstrat. The FDCPA class action lawsuit was filed on Nov. 1 in the U.S. District Court for the Eastern District of New York. The lawsuit was filed on multiple counts, including false and misleading representation.

What is the FDCPA?

The Fair Debt Collection Practices Act (FDCPA) is a set of debt collection regulations passed by Congress back in 1977 to protect consumers like Elionora from debt collection harassment and unfair practices. The FDCPA came in response to the “abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors”—practices which have only increased since these regulations were first introduced.

Debt collection agencies have a responsibility to make their meaning clear, communicating the amount of debt and how to address it adequately to the “least sophisticated consumer.”

New York FDCPA Rules

New York FDCPA rules are actually more in depth than those at the federal level. The New York FDCPA expands on these federal laws, which is a fairly 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 collection agency like Arstrat has used unfair debt collection practices in violation of the FDCPA, you may be able to file an FDCPA class action lawsuit and gain compensation owed for FDCPA violations of federal and/or state debt collection regulations.

The Disputed Debt Lawsuit is Case No. 1:17-cv-06381-RJD-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).

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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.