ARS National Services Hit with FDCPA Lawsuit
by Erin Shaak
Last Updated on May 8, 2018
Campbell v. ARS National Services Inc.
Filed: August 16, 2017 ◆§ 1:17-cv-04818
ARS National Services Inc. is on the receiving end of a proposed class action lawsuit that claims it violated the Fair Debt Collection Practices Act (FDCPA).
ARS National Services Inc. is on the receiving end of a proposed class action lawsuit that claims it violated the Fair Debt Collection Practices Act (FDCPA) by failing to clearly indicate the amount of a consumer’s alleged debt. The plaintiff says she received a collection letter from the defendant that stated the following:
“Please be advised that your account balance stated above is subject to change, including possible increases due to interest and other charges according to the terms of your original credit agreement.”
The suit argues this statement is misleading because it fails to mention the details necessary for the plaintiff to determine the amount she allegedly needs to pay. The complaint, more specifically, claims the letter neglected to specify the following:
-whether the amount listed already includes “accrued interest”;
-whether the amount listed already includes “other charges”;
-what portion of the amount listed is principal;
-whether the amount listed will increase;
-what “other charges” might apply;
-if “other charges” are applied, when such “other charges” will be applied;
-if “other charges” are applied, what the amount of those “other charges” will be;
-if there is “accrued interest,” what the amount of the accrued interest will be;
-if there is “accrued interest,” when such interest will be applied;
-if there is “accrued interest,” what the interest rate is; and
-if there is “accrued interest,” the amount of money the amount listed will increase per any measurable period.
Without this information, the suit says, the plaintiff cannot accurately determine how much she needs to pay. In fact, the complaint argues the defendant purposely left out this information “[i]n order to induce payments from consumers that would not otherwise be made if the consumer knew the true amount due.”
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