F.H. Cann and Associates Pegged with FDCPA Lawsuit Over Fees

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Massachusetts debt collection firm F.H. Cann and Associates, Inc. is named in a proposed class action out of Wisconsin that alleges it sent out collection notices containing multiple Fair Debt Collection Practices Act (FDCPA) violations. The plaintiff claims to have received a collection notice from the defendant that unlawfully tried to obtain more than $600 in “collection costs,” which the complaint says is prohibited under Wisconsin law even if the fee was separately negotiated. From the lawsuit:

“Upon information and belief, [the defendant’s] $602.60 fee far exceeds both the actual costs that F.H. Cann incurs for collection from [the plaintiff] and the average cost F. H. Cann incurs for similar attempts to secure payments or information from other borrowers. All F.H. Cann has done with respect to [the plaintiff’s] alleged debt is to mail computer-generated, form letters, and perhaps place some phone calls.”