A proposed class action out of New York alleges that American Coradius International LLC violated the Fair Debt Collection Practices Act (FDCPA) by placing two “deceptive” phone calls to a consumer and misrepresenting the man’s right to dispute a debt.
The plaintiff alleges that on June 5, 2018, the defendant sent him an initial collection notice regarding a debt owed to Access Group. The plaintiff claims to have called the defendant on June 27, 2018, to dispute the debt and was instructed to send a written notice via fax or e-mail. According to the lawsuit, however, a debt dispute does not have to be made in writing.
“In demanding a written notice Defendant falsely communicated the consumer’s requirements under the FDCPA,” the suit says.
The plaintiff then claims he made a second phone call to the defendant on July 3, 2018, to confirm that his dispute was being processed after his initial phone call, as he was unable to mail his dispute. The lawsuit alleges that the defendant confirmed the dispute but proceeded to “attack” the plaintiff regarding the nature of his dispute.
“Plaintiff was made to feel that his actions of disputing the debt were not correct and that he had to provide a justification,” the complaint reads.