Law Offices of Frederic I. Weinberg & Associates Among Defendants in FDCPA Class Action

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The Law Offices of Frederic I. Weinberg & Associates, P.C. is among three defendants in a proposed class action in which a Philadelphia man alleges the parties mailed him an initial collection letter that illegally shortened the amount of time he had to dispute his supposed debt. The lawsuit centers on the Fair Debt Collection Practices Act’s (FDCPA) mandatory 30-day validation period, during which a consumer is allowed to dispute his or her debt.

The plaintiff claims the defendants—among whom are the previously mentioned law firm’s namesake and Jefferson Capital Systems, LLC—mailed him a collection letter dated May 9, 2017 that stated Weinberg & Associates must “hear from” the plaintiff within 30 days of the man’s receipt of the letter. The lawsuit argues a debt collector does not have to receive a consumer’s verification request within 30 days for the individual’s request to be valid and timely.

“Rather, the consumer must send the written verification request within 30 days of receiving the letter with the notice of the consumer right to verification,” the complaint reads. 

The lawsuit further asserts the defendants’ use of the language “unless this office hears from you. . .” puts the consumer in a difficult situation because an individual “who believes there is insufficient time for a letter to be received within 30 days may attempt to request verification over the phone,” which the lawsuit says does not trigger the FDCPA’s verification right.