A proposed class action has been filed against Forster & Garbus, LLP claiming the defendant sent a New York consumer a misleading debt collection letter. The plaintiff says he received a letter from the debt collector regarding a charged-off debt to which the defendant and the man’s creditor were not permitted to add additional fees. However, the letter allegedly contained an itemized list of charges, including “total amount of interest accrued since charge-off” and “total amount of non-interest charges or fees accrued since charge-off.” The case argues that though these amounts were both listed as “$0.00,” the letter’s mere reference to additional charges implies that the debt amount may increase and the plaintiff may owe an “undisclosed sum of money” in the future.
Moreover, the lawsuit claims the defendant’s letter falsely implied that an attorney was “meaningfully involved with” the collection of the plaintiff’s debt when no attorney “had reviewed the particular circumstances” of the man’s account before the letter was sent.
Finally, the complaint takes issue with the defendant’s supposed failure to disclose that the letter was “an attempt to collect a debt and that any information obtained will be used for that purpose.”