Resurgent Capital Services, Pinnacle Credit Services Face FDCPA Suit Over Debt Dispute Instructions

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A proposed class action claims that Resurgent Capital Services, LP sent a letter to a consumer on behalf of Pinnacle Credit Services, LLC that contained inaccurate debt dispute instructions.

Filed in Texas, the suit focuses on a letter received by the plaintiff in January 2018 that concerned a debt incurred on a Verizon Wireless account. The notice allegedly stated (emphasis in complaint):

“We have reviewed this dispute and determined that it did not contain sufficient information to resolve this matter. In order for us to continue with our investigation, we ask that you contact us at 1-866-464-1187 or mail information detailing the nature of the inaccuracy along with any supporting documents to the following address: Resurgent Capital Services L.P. Attention: Correspondence Department PO Box 10497 Greenville SC 29603.

Please be advised that if we do not receive this additional clarification, we will be unable to address these concerns and may return this account to active collection.”

The case argues that this statement misled the plaintiff into believing she “must supply additional information and detail rather than simply notify” the defendants of her dispute. Pursuant to the Fair Debt Collection Practices (FDCPA), the suit explains, consumers are not required to provide an explanation in order for a dispute to be effective.

Moreover, the complaint alleges that the defendants further confused the consumer as to her rights by instructing her to discuss the matter over the phone when, “in order to properly assert her rights” under the FDCPA, she was required to put the dispute in writing.