Beard v. Convergent Outsourcing, Inc.
Filed: December 12, 2016 ◆§ 1:16-cv-06867
A proposed class action lawsuit has been filed on behalf of New York residents who received collection letters from Convergent Outsourcing Inc. within the last year.
New York
A proposed class action lawsuit has been filed on behalf of New York residents who received collection letters from Convergent Outsourcing Inc. within the last year regarding a debt allegedly owed to Sprint. According to the lawsuit, Convergent Outsourcing – the only named defendant in the case – violated several provisions of the Fair Debt Collection Practices Act (FDCPA) when sending out these notices. The suit takes particular issue with how the letters were formatted. It claims that the letters – which listed “3 Convenient Ways to Pay” on the front of the notice, with required validation language on the back – contained “no transitional language explaining that the defendant’s demand for payment, and settlement offer, does not override the consumer’s right to dispute the debt or demand validation of the debt.” Under the FDCPA, the suit claims, validation notices cannot be “overshadowed or contradicted by accompanying messages from the debt collector.” Allegedly, Convergent Outsourcing violated this provision because the “least sophisticated consumer” could be confused as to whether the debt is already validated – making any dispute pointless.
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