A lawsuit filed by an Illinois consumer against The Receivable Management Services Corporation (RMS) accuses the debt collector of Fair Debt Collection Practices Act (FDCPA) violations.
According to the suit, the plaintiff received a letter from the defendant in August 2017 regarding an allegedly defaulted Vonage account. The suit takes issue with the following statement included in the letter:
“If you have not yet been contacted by an RMS representative, you will be receiving a call to bring this matter to a resolution.”
This statement could lead the consumer to believe that the defendant would call him or her to resolve any issues and overshadows the fact that the consumer can only obtain verification of the debt by disputing it in writing within 30 days of receiving the letter, the lawsuit argues. Essentially, the suit claims that this statement may mislead a consumer into timing out his or her 30-day window by waiting to dispute the debt in a call that may never happen.
The suit argues that the defendant overshadowed the plaintiff’s rights regarding debt disputes and unlawfully demanded that the plaintiff include a “claim number” in all communications, which is not required under the FDCPA.