Contracted Debt Collector Alleged to Have Unfair Collection Practices

In a new lawsuit filed in a federal court in New York, a plaintiff alleges that a debt collecting company contracted by a hospital engaged in unfair collection practices under the Fair Debt Collection Practices Act (FDCPA).

Plaintiff Kfir H. is a State of New York citizen and resident and is filing this unfair collection practices lawsuit on behalf of himself. He seeks also to represent a class of people whose rights under the FDCPA were also violated.

The hospital involved is Maimonides Medical Center and the obligatory debt to them was established before April 2017. The debt is not in question and the medical facility is not the named defendant.

The defendant in the plaintiff’s unfair collection practices lawsuit is Computer Credit Inc., a debt collecting company headquartered in Winston Salem, N.C. The defendant regularly uses the telephone, email and fax to collect owed monies to a third party.

What is the FDCPA?

The FDCPA seeks to protect consumers from unfair collection practices that are harassing, manipulative and deceitful. It established a set of guidelines under the law that agencies must abide by when attempting to secure funds owed.

Under the FDCPA, the following is true:

• Collectors may not threaten to use false information from the debtor’s credit report
• Collectors may not use abusive, profane, or threatening language when attempting to collect a debt
• Collectors may not repeatedly call debtors in a harassing manner
• Collectors may not involve people not directly connected to the debt by showing up at a place of employment and seeking information.
• Collectors must identify themselves and the agency that contracted their services.
• Collectors must verify the amount of debt and let the consumer know that they have a right to question that amount within a 30-day window.

The Unfair Collection Practices Class Action Lawsuit

Whether Computer Credit Inc. violated the FDCPA rights of the plaintiff and other potential class members by not verifying the amount of the debt is one of the key legal questions of this case.

The narrative of the lawsuit alleges that an initial communicating letter was sent out with vague language stating, “Pay the amount due to prevent further collection activity by Computer Credit Inc.”

According to the FDCPA lawsuit, this language casts doubt as to whether the plaintiff or any class members have the right to dispute the debt amount in question. Other legal questions surround whether this letter adequately named the lender or made misleading statements in violation of the FDCPA.

The plaintiff is bringing the following counts against Computer Credit Inc.:

Count One: Violation of 15 U.S.C. § 1692g Validation of Debts; Count Two: Violation of 15 U.S.C. § 1692g Name of the Creditor for Whom the Debt is Owed; Count Three: Violation of 15 U.S.C. § 1692e False or Misleading Representations.

Upon class certification, plaintiff hopes for individual and class statutory and actual damages with a return of all court and legal fees.

This Unfair Collection Practices Lawsuit is Case No.1:18-cv-00757-PKC-SMG in U.S. District Court, 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.