Hiday & Ricke, P.A. Named in Debt Collection Class Action in Florida

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A Florida resident has brought a proposed class action against Hiday & Ricke, P.A. over suspected violations of state and federal debt collection laws. The plaintiff’s charges stem from a vehicle loan obtained from Fidelity Bank in 2013, three years before the plaintiff, the complaint says, became permanently disabled and unable to work. According to the suit, in October 2017, the defendant mailed the plaintiff a collection letter that failed to “meaningfully convey” the identity of the creditor to whom the debt is owed, with the notice stating only “Re: Fidelity Bank” followed by an account number.

“Upon receiving [the defendant’s] October 10, 2017 letter,” the lawsuit argues, “[the plaintiff], or the least sophisticated consumer, would be unsure whether Fidelity Bank is the current creditor and the account was assigned to [the defendant] merely for collection, or whether Fidelity Bank is collecting on behalf of some unnamed original creditor and Fidelity Bank subsequently assigned the account to [the defendant] for collection.”

The lawsuit adds that the supposed omissions from the defendant’s October 2017 communication to the plaintiff would deceive or mislead a consumer “as to the character and amount of the debt.” Lastly, the suit claims the notice failed to state the true balance of the debt, as well as that it would increase due to interest, fees and/or other charges.