Woman Files Class Action Lawsuit Over Debt Collector Letter

A New York woman recently filed a lawsuit against DCQ, alleging the company sent her a false or deceptive debt collector letter in violation of the FDCPA.

The plaintiff, Beatriz M., alleges she owed a debt and fell behind on payments. She says that DCQ was transferred responsibility for collecting on these payments. DCQ sent a debt collector letter on Jan. 8, 2018, in an effort to collect that debt. However, according to Beatriz’s lawsuit, the debt collector letter she received was misleading and unclear, implying that she might owe interest or other fees in the future.

Debt collection is regulated federally, but also heavily regulated in New York to protect consumers from harassment or from being taken advantage of, which includes requiring communications to be clear to the least sophisticated consumer.

According to Beatriz’s lawsuit filed on March 16, 2018, she is not the first consumer that DCQ has targeted with a deceptive debt collector letter. She filed her lawsuit as a class action, on behalf of herself and all others in a similar situation who may have been affected by a debt collector letter with false or misleading information from DCQ. The proposed Class consists of more than 35 others who received a similar debt collector letter with easily misconstrued information about other fees and interest.

New York FDCPA Rules

The Fair Debt Collection Practices Act (FDCPA) is a set of debt collection regulations meant to help protect consumers from debt collection agencies that may try to take advantage of them through abuse or harassment.

There are also a set of New York FDCPA rules put in place in 2015 that expanded on these regulations in an effort to make rules more friendly and favorable to the debtor. Updated New York debt collection regulations ban such unfair, abusive, or harassing practices like sending confusing debt collection letters, being unclear about the debt, making threats, making robocalls, calling too often or at inconvenient times, or communicating about the debt with third parties, among others.

According to the rules set forth by the FDCPA and New York regulations specifically, debt collection agencies have a duty to consumers to be extremely clear in their letters. A good way to think of this, in legal terms, is by referencing the “least sophisticated consumer.” Many FDCPA lawsuits allege that the “least sophisticated consumer” would be misled or confused by the letters they received.

Filing a New York FDCPA Lawsuit

If you live in New York and have been affected by unfair, harassing, or abusive practices from a debt collection agency, such as a confusing debt collector letter, you may be able to file an FDCPA lawsuit or join a class action.

The FDCPA Debt Collector Letter Lawsuit is Mercado v. DCQ, Case No. 1:18-cv-01678-SJ-JO, 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.