A New York consumer has filed a proposed class action against Middle Country Collection Services, Inc., The Levinbook Law Firm, P.C., and the firm’s namesake over alleged violations of the Fair Debt Collection Practices Act (FDCPA).
The plaintiff claims she received a collection letter in November 2017 that bore a header reading “The Levinbook Law Firm, P.C.” The notice also supposedly named two attorneys, who the complaint points out are the only two lawyers employed by Levinbook Law Firm. According to the case, the collection letter stated, in part:
“At this time, no attorney associated with The Levinbook Law Firm, P.C. has reviewed the particular circumstances relevant to your medical account.”
The lawsuit argues, however, thatno oneat The Levinbook Law Firm reviewed the plaintiff’s circumstances. As the firm employs only two attorneys, the complaint charges that if no attorney from Levinbook reviewed the plaintiff’s file, then “there is no one else to do so.”
According to the complaint, rather than send collection notices in its own name, Middle Country Collection Services has taken to using the letterhead of Levinbook Law Firm because consumers who receive a communication from an attorney are more likely to act with urgency.
Further, the case claims the plaintiff faxed to Levinbook a dispute of her alleged debt with a request for validation. To date, the defendants have not responded to the plaintiff’s dispute and request, the suit claims.