Horing Welikson & Rosen, P.C. is on the receiving end of a proposed class action that claims the debt collector’s seemingly urgent demand for payment violated the Fair Debt Collection Practices Act (FDCPA). According to the complaint, the defendant mailed the plaintiff a collection letter urging her to send payment within three days. The case argues that this demand overshadowed the plaintiff’s right to dispute the debt or request verification within 30 days of receiving the letter – information the FDCPA requires debt collectors to communicate in their initial notice to alleged debtors.
“Even if a debt collector conveys the required information accurately,” the complaint suggests, “the debt collector nonetheless violates the FDCPA if that information is overshadowed by other collection activities during the 30-day validation period following the communication.”
The suit adds that the defendant’s payment deadline, absent any explanation that it doesn’t override the consumer’s dispute period, would likely cause the letter’s recipient to be unsure of his or her rights concerning the purported debt.