Gurstel Law Firm Named in Debt Collection Class Action

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A proposed class action filed in Wisconsin claims Gurstel Law Firm, P.C. violated federal law when it mailed the case’s two named plaintiffs letters that do not comply with Fair Debt Collection Practices Act (FDCPA) regulations. 

Per the first plaintiff, the lawsuit claims a judgment had been entered against him through which his wages would be garnished. The complaint describes four separate Earnings Garnishment notices reportedly sent by the defendant that each state different, increasing amounts the man supposedly owed to his original creditor. The lawsuit’s claim that the letters together make it impossible to determine just how much the plaintiff owes notwithstanding, the complaint argues any additional costs incurred because of the wage garnishment would not cause the man’s “unpaid balance on judgment” to increase.

“Looking at the letters together, the unsophisticated consumer would be baffled as to whether a payment of the total balance in either of the letters would actually pay off the alleged debt,” the lawsuit reads. “Moreover, because the garnishment notice provides a statement of the ‘total amount owed’ but this amount is qualified by statements that ‘the total amount owed may not reflect recent payments and may be different than what the order shows,’ it also fails to state the amount of debt in a non-confusing manner.”

Per the second plaintiff, the complaint says she received three debt collection notices between September 2016 and June 2017 that implied her balance may increase due to “interest, late fees, and other charges that may vary from day to day,” yet each communication stated she owed $914. The plaintiff argues that no portion of her debt was subject to increase due to the contract with her original creditor.