Pollack & Rosen P.A. is facing a proposed class action over claims that it sent a collection letter to a Florida consumer that failed to indicate a dispute must be made in writing to obtain verification of the debt.
According to the complaint, the June 2013 letter stated, in part (emphasis in the complaint):
“Unless you, the consumer, within thirty (30) days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by us, the debt collector. If you, the consumer, notifies us, the debt collector, within the thirty-(30) day period that the debt, or any portion thereof, is disputed, we, the debt collector, will obtain verification of the debt or a copy of a judgment (if a judgment exists) against you, the consumer, and a copy of such verification or judgment will be mailed to you, the consumer, by us, the debt collector. Upon your, the consumer’s request within the thirty-day period, we, the debt collector, will provide you, the consumer, with the name and address of the original creditor, if different from the current creditor.”
The above statement failed to specify that in order to obtain verification of the debt or a copy of a judgment against the plaintiff, the consumer must submit a written dispute, the case says. The suit argues this omission constituted as a misleading representation of the plaintiff’s rights under the Fair Debt Collection Practices Act (FDCPA).