Benjamin Michael & Associates Hit with FDCPA Lawsuit

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Benjamin Michael & Associates, Inc. is on the receiving end of a proposed class action lawsuit that alleges violations of the Fair Debt Collection Practices Act (FDCPA). The plaintiff in the suit says he received a collection notice from the defendant that failed to clearly identify his creditor. The letter allegedly stated, “Re: Heron Pest Control” but neglected to specify whether the entity was the plaintiff’s creditor, original creditor, current creditor, account owner, or creditor to whom the debt is owed.

The suit takes further issue with the following statement in the letter:

“You have thirty (30) days to make arrangements for payment or collection action will commence.”

The complaint argues that the notice fails to mention whether the 30 days begins upon receipt of the letter and notes that under the FDCPA, the plaintiff has 30 days to dispute the debt or request validation. “Demanding payment during the validation period without explaining that such demand does not override the consumer's right to dispute the debt or demand validation of the debt is a violation of the FDCPA,” the suit claims.