N.Y. Debtor Alleges Violations of Fair Debt Collection Practices Act

A New York man has filed a debt collection class action lawsuit alleging multiple violations of the Fair Debt Collection Practices Act (FDCPA) by Advanced Call Center Technologies LLC.

This FDCPA class action lawsuit argues the company used abusive and misleading debt collection practices, which is in direct violation of the Fair Debt Collection Practices Act.

Lead plaintiff Kenneth Baliber filed this FDCPA class action lawsuit after allegedly receiving an unwanted and poorly written debt collection letter from Advanced Call Center Technologies. Baliber alleges the debt collection letter was poorly written on purpose, with the sole intention to confuse and intimidate him into paying an alleged consumer debt.

The letter warned Baliber that if he did not pay the debt promptly, the amount could accumulate with interest. Furthermore, the debt collection letter reportedly lacked specific information about the debt required under the Fair Debt Collection Practices Act, including:

• Whether or not the amount of money listed is the amount owed
• Whether or not the amount of money listed included interest
• Whether or not the amount of money listed already included other charges (or what other charges may apply)
• Whether or not the amount of money listed was principal
• Whether or not the amount of money listed will increase
• Whether or not there is interest attached to the debt, or what amount of accrued interest may be

Overview of Fair Debt Collection Practices Act

The Fair Debt Collection Practices Act was passed by Congress in 1978 to help consumers combat unfair and aggressive debt collection practices. While debt collection in itself is legal, the Fair Debt Collection Practices Act requires third-party debt collectors to adhere to a strict code of conduct when contacting consumers.

The FDCPA prohibits a collector from using abusive, threatening, or intimidating language of any kind when speaking to consumers, or of a similar nature when sending written notifications. This especially applies to debt collection letters, which must detail specific information about the debt or provide validity of the alleged debts.

Under the FDCPA, consumers also have the right to challenge the debts or argue against any expired debts.

In addition to the Fair Debt Collection Practices Act, Baliber is also alleging state privacy violations under New York law. In early 2015, the state governor and the New York Department of Financial Services implemented new regulations for debt collectors to follow. These new debt collection requirements primarily focused on general collection, a statute of limitations disclosure, debt validation, and the sending of debt collection emails to consumers.

Baliber alleges other class members had received similar letters, each with ambiguous information regarding the actual debts and that other charges may apply if not promptly paid. Baliber is seeking damages for all FDCPA violations on behalf of himself and class members, along with any other applicable damages.

This FDCPA Class Action Lawsuit is Kenneth Baliber v. Advanced Call Center Technologies LLC, Case No. 1:17-cv-07004-LDH-SMG, 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.