Avante USA Failed to Identify Consumer’s Current Creditor, Lawsuit Says

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Avante USA is staring down a proposed class action filed in South Carolina over alleged violations of the Fair Debt Collection Practices Act (FDCPA).

The lawsuit says the defendant in April 2018 sent the plaintiff a collection notice over an obligation supposedly owed to ACS Emergency Physicians of SC, PC. While it identified ACS as the plaintiff’s original creditor, the letter failed to explicitly or implicitly name the plaintiff’s current creditor, according to the lawsuit, leaving the plaintiff unsure as to on which entity’s behalf Avante USA was attempting to collect.

“Merely listing ‘Original Creditor: ACS EMERGENCY PHYSICIANS OF SC, PC’ on a collection letter does not explicitly convey that ‘ACS EMERGENCY PHYSICIANS OF SC, PC’ is the current creditor to whom the debt is owed,” the case argues.