Plaintiff Stella Feldman has filed a Fair Debt Collection Practices Act class action lawsuit against GC Services Limited Partnership, a privately-held outsourcing provider for call center management and collection agency services located in the United States, alleging violations of the FDCPA.
The defendant is a collection agency located in Houston, and Feldman is a resident of New York.
Feldman seeks to bring this FDCPA class action lawsuit “on behalf of a class of New York consumers seeking redress for defendant’s actions of using an unfair and unconscionable means to collect a debt.”
The FDCPA is a federal law that “prohibits debt collectors from engaging in abusive, deceptive and unfair practices,” according to Feldman’s complaint.
The class action members and plaintiff are seeking damages and declaratory and injunctive relief.
The plaintiff complains of a letter that she had received that purportedly violated FDCPA requirements. Feldman says the letter stated, “As of the date of this letter, you owe $1.862.93. Because of interest, late charges, and other charges that may vary from day to day, the amount due on the day you pay may be greater. Hence, if you pay the amount shown above, an adjustment may be necessary after we receive your check.”
According to the FDCPA class action lawsuit, and because of this letter, the defendants face the following counts against them: 1) Failure to Adequately and Honestly Convey the Amount of the Debt, and 2) Suggesting a Dispute Must be Made in Writing.
Feldman says that under the FDCPA, “there is no requirement that the consumer dispute the debt in writing.” Additionally, “it is a violation of the FDCPA to require disputes to be made in writing.”
The plaintiff and class action members make the contention that the defendants failed to adequately and honestly convey the amount of the debt as, the letter failed to clearly state how much she needed to pay, whether the amount listed already includes interest, whether it already includes other charges, what portion of the amount is the principal, and what other charges might apply.
Debtor Protections Under the Fair Debt Collection Practices Act
The FDCPA is a federal law that restricts the behavior and actions of third-party debt collectors who are trying to collect on a debt on behalf of an entity or individual. It restricts what debt collectors are allowed and not allowed to do. It also limits at which times the can call or make contact with a consumer throughout the day or week.
If the FDCPA is violated, the affected debtor (or alleged debtor) may bring a civil claim against the specific debt collection company within one year. Damages and attorney fees may be obtained with such a lawsuit.
The FDCPA Class Action Lawsuit is Feldman v. GC Services LP, Case No. 1:17-cv-06050-ENV-CLP, 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).
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.
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