A New York man has filed a lawsuit against debt collector POM Recoveries, Inc., claiming the defendant violated the Fair Debt Collection Practices Act (FDCPA) by failing to clearly identify his creditor in a debt collection letter. According to the complaint, debt collectors must “clearly and accurately” communicate the name of the creditor to whom an alleged debt is due. “Even if a debt collector conveys the required information, the debt collector nonetheless violates the FDCPA if it conveys that information in a confusing or contradictory fashion so as to cloud the required message with uncertainty,” the complaint continues. The plaintiff claims the letter is “reasonably susceptible to an inaccurate reading,” as it left him uncertain as to his creditor’s identity.
Before commenting, please review our comment policy.
A reckless new bill represents an unprecedented threat to consumer rights, essentially gutting class action and mass tort litigation. Congress has tried to ram it through without us noticing. Read more about the implications of this bill, and contact your members of Congress to protect your rights.