North Carolina Law Firm Allegedly Misled Consumer Regarding Debt Dispute Rights

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A proposed class action filed against Smith Debnam Narron Drake Saintsing & Myers, LLP claims the law firm overshadowed a consumer’s rights by assuming the woman’s debt was valid before her 30-day dispute period had expired.

After incurring a debt on her Synchrony Bank Belk Rewards card, the plaintiff, the suit says, received a collection notice from the defendant in June 2018 that stated (emphasis in complaint):

“We assume this to be a valid debt unless you contact us within 30 days of your receipt of this letter to dispute all or any part of the balance indicated.”

By stating the debt was assumed to be valid, the case argues, the letter deceptively implied that disputing the obligation may be futile. The suit says the notice did not properly include federally mandated disclosures concerning the consumer’s rights, leaving her unsure of how to effectively dispute the debt.