Prime Financial Services is on the receiving end of a proposed class action alleging it violated the Fair Debt Collection Practices Act (FDCPA) by sending a “deceptive and misleading” collection letter. The lawsuit, filed by an Indiana consumer, alleges the defendant unlawfully failed to state in its August 2017 letter that upon the plaintiff’s request within a 30-day period, Prime Financial Services would provide the name and address of the original creditor if different from the current creditor, an FDCPA requirement.
The suit argues that the plaintiff was misled by the letter and “effectively waived her rights” as a result of the defendant’s failure to inform of her right to dispute the debt. The plaintiff “did not know she could request a copy of a judgement held against her or request the name of the current creditor,” the complaint reads. According to the lawsuit, a proper “G-Notice” – a statement containing information regarding the debt and the lawful 30-day period during which it can be disputed – is legally required in collection efforts under the FDCPA.