Resurgent Capital Services, LP and LVNV Funding, LLC are facing a proposed class action filed in New York that claims the debt collectors failed to include required disclosures in their communications with consumers. The suit alleges that the plaintiff, a New York resident, received a collection letter from the defendants that omitted Fair Debt Collection Practices Act-mandated disclosures regarding the consumer’s right to dispute the debt or request validation. The complaint claims the letter failed to inform the plaintiff of the following:
That unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;
That if the consumer notifies the debt collector in writing within the 30-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
That upon the consumer’s written request within the 30-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.