‘Current Balance’ Questions Arise in FDCPA Lawsuit Against Diversified Consultants

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Diversified Consultants, Inc. is the defendant in a New York resident’s proposed class action in which the woman claims the company mailed her a collection notice that violated the Fair Debt Collection Practices Act (FDCPA). The case says the plaintiff received a notice from the defendant that stated a “Current Balance Claimed Due” of $5,861.60. According to the lawsuit, Diversified Consultants’ statement of a current balance falsely suggested to the plaintiff that immediate payment of the amount “would benefit [the plaintiff] by implying that the Balance would be subject to change, and could be subject to additional interest.” The lawsuit adds the letter received by the plaintiff could reasonably be read to have two or more meanings with regard to the actual balance due.