New York Man Files FDCPA Class Action Lawsuit

A debt collection agency is currently facing an FDCPA class action lawsuit filed by a New York man alleging the company violated fair debt collection laws.

The plaintiff, Anthony G., filed his FDCPA class action lawsuit against Genpact Services LLC, a New York debt collection agency.

According to Anthony’s FDCPA class action lawsuit, Genpact sent a letter on Aug. 17, 2016 that completely failed to properly indicate the actual interest he owed, as well as other extremely pertinent information. According to the lawsuit, Genpact did not indicate or explain possible fees and interest, meaning that it lacked even basic information. This made “the least sophisticated consumer unable to determine the minimum amount owed at the time of the Letter.”

Anthony filed this FDCPA class action lawsuit not only for himself but also on behalf of all others in the State of New York who have been targeted by Genpact with such serious lacking letters in order to collect debt. The proposed Class includes those who received this kind of letter in the year preceding the filing of this lawsuit. Anthony’s FDCPA class action lawsuit indicates that the proposed Class includes over 35 people in a similar situation to his own.

Basics of New York Debt Collection Rules

The Fair Debt Collection Practices Act (FDCPA) is a set of debt collection laws passed back in 1978 to protect consumers like Anthony from debt collection harassment and unfair practices. The FDCPA has a number of regulations, which include strict rules about when debt collectors can call consumers (only from 8:00 AM to 9:00 PM). The FDCPA also prohibits debt collectors like Genpact from calling at work if a consumer objects, as well as threatening or harassing debtors. The FDCPA cannot make demands or threats, and instead can only offer a consumer information about their debt and how they can pay it.

New York FDCPA rules are actually more in depth. A recent change in the New York FDCPA expands on these federal laws. New York Governor Cuomo intensified the state’s debt collection rules back in 2015, working with the New York Department of Financial Services to expand these rules and restrictions effectively.

In a statement about New York’s expansion of FDCPA rules, Governor Cuomo said, “We’re rolling out tough new regulations that protect borrowers and help crack down on illegitimate debt collection practices. These new tools and disclosures will protect New Yorkers across the state, and I am pleased that our administration is leading the way on this issue.”

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

These updated New York debt collection rules also cover disclosure practices, account information, and debt validation requirements.

Filing a New York FDCPA Class Action lawsuit

If you live in New York and a debt collector agency such as Genpact has used unfair debt collection practices in violation of the FDCPA or New York debt collection regulations, you may be able to file a FDCPA class action lawsuit and gain compensation owed for violations of federal and/or state debt collection regulations.

The New York FDCPA Class Action Lawsuit is Case No. 2:17-cv-04848-LDW-AKT, in the U.S. District Court for the Eastern District of New York.