Aspen National Financial Sued After Allegedly Omitting Debt Info from Letter

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Aspen National Financial, Inc. (which does business as Aspen National Collections) is facing a proposed class action lawsuit filed by a New York consumer who claims the debt collector unlawfully failed to communicate in a collection letter the “amount of debt” he purportedly owed. According to the suit, the plaintiff received a collection notice from the defendant containing the following:

“Because of interest, late charges, and other charges that may vary from day to day, the amount due on the day you pay may be greater than the total amount shown above. Hence, if you pay the amount shown above, an adjustment may be necessary after we receive your check …”

The suit argues that the defendant is required under the Fair Debt Collection Practices Act to “convey the amount of the debt clearly and accurately from the perspective of the least sophisticated consumer.” By stating that the amount of the plaintiff’s balance “may vary from day to day,” the letter neglected to provide the plaintiff with enough information to calculate the true amount of his debt at any given time, the suit says.