A proposed class action filed by two New York consumers accuses Forster & Garbus LLP of Fair Debt Collection Practices Act (FDCPA) violations. According to the lawsuit, the defendant sent the plaintiffs “deceptive” collection letters that misrepresented the plaintiffs’ debt balances.
The case says the plaintiffs, who allegedly owed debts to SLM Private Education Loan Trust 2013-C, received letters from the defendant in April 2018 that included the following statement:
“If interest or other charges or fees accrue on this account, after the date of this letter, the amount due on the day you pay may be greater.”
The lawsuit argues that this statement fails to “adequately convey” the debt balances and effectively violates the FDCPA, which requires debt collectors to “give the consumer the tools in which the consumer could easily calculate what he or she will need to pay to resolve the debt at any given moment in the future.” Instead, the complaint alleges, the defendant’s letters were unlawfully deceptive in that they did not offer any explanation as to the purported interest, other charges or fees that might apply.