Jones, Wolf & Kapasi, LLC recently defeated a motion to dismiss in a New Jersey putative class action case alleging a debt collection company violated the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C 1692 et seq. by mailing misleading and deceptive debt collection letters.
Our law firm argued that language in the debt collector's letter violated the FDCPA by contradicting and/or overshadowing the mandatory dispute notice required under 15 U.S.C. 1692g as the letter could be interpreted to mean that consumers could dispute the validity of the debt with their insurance carrier or the debt collector when the FDCPA only permits consumers to dispute the validity of the debt with the debt collector, and not the insurance carrier. In addition, the debt collection letter encouraged consumers to call in order to dispute the validity of the debt when, in the Third Circuit, such disputes must be in writing.
For more information about Jones, Wolf & Kapasi, LLC, you are invited to connect with us at: https://www.linkedin.com/company/jones-wolf-&-kapasi-llc or @JonesWolfKapasi.