FDCPA Class Action Lawsuit Alleges Collections Agency’s Letters Misled Consumers

A man has filed an FDCPA class action lawsuit against C. Tech Collections, Inc.

Plaintiff Abraham Brown accuses the company of violating the Fair Debt Collection Practices Act when C. Tech Collections sent Abraham a collection letter he claims is too confusing. C. Tech Collections is a debt collector that makes a profit by collecting debts allegedly owed by consumers.

On March 2, 2017, C. Tech sent Abraham a collection letter intending to seek payment for a balance he allegedly incurred for personal reasons.

According to the FDCPA class action lawsuit, the letter said “MAIL ALL CORRESPONDENCE & PAYMENTS TO: C. TECH COLLECTIONS, INC.” and gave the address of a post office box in Mt. Sinai, New York.

Abraham alleges the letter misrepresented his right to dispute the debt. Even though the letter provided a telephone number, the letter indicates the phone number is only intended to make payments.

The FDCPA class action lawsuit alleges that the letter “would lead the least sophisticated consumer to assume that his option to dispute the debt could only be in writing.”

FDCPA regulations dictate that communications from a debtor must be able to be understood by the least sophisticated consumer. The FDCPA also makes clear that disputes cannot be required to only be received in writing.

The FDCPA class action lawsuit says the letter’s language is misleading because the consumer is left with the false idea that any dispute of the alleged debt must be done by responding in writing to the post office box.

“Said language can be reasonably read to have two or more different meanings, one of which is false,” says the FDCPA class action lawsuit.

Abraham alleges he suffered actual harm because he was a target of C. Tech’s misleading debt collection communications. His right not to be a target of such misleading debt collection communications was violated, he claims. He has a right to truthful and fair debt collection processes under federal law.

The FDCPA is designed to ensure consumers fully understand their debt situations so that they can make informed decisions about how to fully participate in their debt resolution in a meaningful manner. When a company makes false representations that mislead the consumer, that company should be held liable for depriving the consumer from his right to enjoy the benefits provided him under the FDCPA.

The FDCPA class action lawsuit includes lead plaintiff Abraham Brown and other New York residents who received the same form letter seeking payment of a personal debt allegedly owed to NYU Langone Physician Services.

According to the FDCPA class action lawsuit, Abraham and the proposed Class Members are entitled to damages because C. Tech violated the FDCPA.

The FDCPA Class Action Lawsuit is Case No. 1:18-cv-01834-PKC-RML 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.