Woman Claims Action Collection Agencies Misrepresented Legal Rights Concerning Debt Collection

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Action Collection Agencies, Inc. (which does business as Action Collection Agency of Boston) is facing a Florida resident’s claims that it misstated her rights concerning the collection of a purported debt. The plaintiff says she received a collection letter from the defendant that contained the following “Notice of Important Rights”:

YOU HAVE THE RIGHT TO MAKE A WRITTEN OR ORAL REQUEST THAT TELEPHONE CALLS REGARDING YOUR DEBT NOT BE MADE TO YOU AT YOUR PLACE OF EMPLOYMENT. ANY SUCH ORAL REQUEST WILL BE VALID FOR ONLY TEN (10) DAYS UNLESS YOU PROVIDE WRITTEN CONFIRMATION OF THE REQUEST POSTMARKED OR DELIVERED WITHIN SEVEN (7) DAYS OF SUCH REQUEST.”

The lawsuit argues that the plaintiff was not subject to the above-mentioned “rights” and that “no such law applies” to her. According to the complaint, the defendant’s statements “represented that a state or federal law issued, required or otherwise approved such disclosures to be conveyed to members of the class” when consumers were not legally bound by any such law.

“Simply put, there is no law that [the plaintiff] and the putative class are subjected to that binds them to the rights in the ‘Notice of Important Rights,’” the suit states. “Such a disclosure is false, deceptive and misleading and violates several provisions of the [Fair Debt Collection Practices Act].”