Sunrise Credit Services is staring down a proposed class action filed by a New York consumer who claims one of the debt collector’s employees unlawfully discouraged him from disputing his supposed debt.
The case says that the plaintiff, after receiving a collection notice from Sunrise in March 2018, called the company in May to inquire about and dispute his reported obligation. According to the lawsuit, the plaintiff stated he wanted to dispute the debt, yet was told over the phone by a Sunrise representative that he “could not dispute the debt because he owes the debt.” The representative then allegedly told the plaintiff it would be “futile” to dispute the debt.
The case says the plaintiff eventually got in touch with a manager for the defendant, who allegedly claimed Sunrise could only offer a settlement, and that the man could not dispute his supposed debt. Under the Fair Debt Collection Practices Act (FDCPA), debt collectors are legally required to accept oral debt disputes by phone, the lawsuit argues.