Law Firm Accused of Fair Debt Collection Practices Act Violations

A law firm acting in a debt collector capacity, using telephone, mail, and fax methods, stands accused of Fair Debt Collection Practices Act violations. A new class action lawsuit was filed in the U.S. District Court, Eastern District of New York on Oct. 17, 2017, by plaintiff Sigmand S.

Sigmand is a citizen and resident of the State of New York. He seeks to represent New York consumers like himself who have allegedly been subject to unfair, abusive and deceitful debt collection practices by law firm Kirschenbaum and Phillips PC.

According to this Fair Debt Collection Practices Act violations lawsuit, Sigmand received a letter sent by the defendant on or around Aug. 23, 2017.  The letter concerned an alleged debt incurred by the plaintiff to Credit One Bank NA, with whom the law firm had contracted to perform debt collection services. The debt was allegedly for personal, family, or household purposes, and the letter noted that Sigmand had allegedly fallen behind in his payments.

Although the debt collection letter clearly identified the amount owed. Sigmand believes the defendant engaged in clear Fair Debt Collection Practices Act violations by including the following quote in the debt collection letter:

“The amount reflected above is the amount you owe as of the date of the letter. This amount may vary from day to day, due to interest or other charges added to your account after the date of this letter. Hence, if you pay the amount shown above, an adjustment may be necessary after we receive your check, in which event we will inform you before depositing the check for collection.” 

According to the class action lawsuit, the Fair Debt Collection Practices Act violations are clear in the quote.  The plaintiff references 15 U.S.C. 1692e, which details how sending a collection letter that is purposely vague or obscure about the total amount due is a violation of a consumer’s rights.

Sigmand S. seeks to represent a Class of consumers that received similar letters that also included Fair Debt Collection Practices Act violations. According to the complaint, thousands of consumers are victims of Fair Debt Collection Practices Act violations.  The class period for this class action lawsuit is one year retroactive to the date the case was filed in the district court.

Sigmand S. brings the following counts against the defendants: Count One –Violation of 15 U.S.C. 1692g; and Count Two –Violation of 15 U.S.C. 1692e.  Before the class action lawsuit moves forward the court must first certify Sigmand’s proposed class. The plaintiff is asking for both statutory and actual damages. He also hopes for the return of all legal costs including litigation, court, and attorney’s fees.

The Fair Debt Collection Practices Act Violations Lawsuit is Case No. 1:17-cv-06047-RJD-JO 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).

Get a Free Case Evaluation Now

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.