Lawsuit: Capital Management Services Failed to Disclose Identity in Voice Messages

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Capital Management Services, L.P. is facing a proposed class action that claims the debt collector left unlawful voice messages on consumers’ phones. The plaintiff in the case claims she received several messages from the defendant in which it failed to identify itself and explain that the calls concerned the collection of a debt – disclosures the Fair Debt Collection Practices Act (FDCPA) requires of debt collectors in their initial communications with consumers. The lawsuit argues that the messages were intentionally vague and meant to coerce the plaintiff into placing a return call. From the complaint:

“The only way for Plaintiff and/or any least sophisticated consumer to obtain the identity of the caller leaving the messages, and to ascertain the purpose underlying the messages, was to place a return call to the telephone number provided in the messages and speak with a debt collector employed by Capital Management Services, L.P., and to provide the debt collector with personal information.”

The case claims the messages constituted “a false, deceptive, or misleading representation or means” to collect a debt and therefore violated the FDCPA.