A proposed class action alleging Fair Debt Collection Practices Act (FDCPA) violations has been filed against Firstsource Advantage, LLC. The suit claims that the defendant included unlawful language in an August 2017 letter that left the recipient, a New York consumer, uncertain as to her debt balance.
The disputed letter contained the following statement which, according to the lawsuit, is deceptive to “the least sophisticated consumer”:
“The Amount Due above reflects the total balance due as of the date of this letter. The itemization reflects the post charge-off activity we received from American Express and as such us [sic] subject to timing and system limitations.”
The suit argues that the consumer is “left to guess” what “timing and system limitations” are and what their effects will be. The complaint further alleges that the language is deceptive because it leaves the consumer unsure of how much she truly owes or how to resolve the debt. This letter violated the FDCPA by failing to clearly disclose the debt balance and using a “false, deceptive, or misleading representation” in its collection efforts, the case argues.