Atlantic Credit & Finance Allegedly Contradicted Woman’s Debt Dispute Rights

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Atlantic Credit & Finance, Inc. is on the receiving end of a proposed class action that alleges the debt collector sent letters to a Bronx consumer that overshadowed the woman’s debt dispute rights.

The suit says the defendant sent an initial letter to the plaintiff in February 2018 on behalf of Midland Funding concerning a debt originally owed to Capital One Bank. In March 2018, the case continues, the company allegedly sent a second letter stating:

“Reply by calling our office at: 800-888-9419 by 3/8/2018

This letter is to inform you that Midland Funding, LLC is considering forwarding this account to an attorney in your state for possible litigation. Upon receipt of this notice, please call 800-888- 9419 to discuss your options. If we don't hear from you or receive payment, Midland Funding, LLC may proceed with forwarding this account to an attorney.”

The case argues that the defendant attempted to invoke a false sense of urgency by intentionally timing the letter to be received on or around the artificial deadline listed within the letter. The deadline for the defendant to “hear from” the plaintiff was within her 30-day validation period during which she had the right to dispute or verify the obligation, the case points out. As such, the suit says the letter contradicted the woman’s rights and could have unfairly affected her decision-making regarding the debt.