Bush Ross, P.A. Facing Debt Collection Lawsuit for Alleged Nondisclosures
Last Updated on May 8, 2018
Kagno v. Bush Ross, P.A.
Filed: June 19, 2017 ◆§ 8:17-cv-01468-RAL-AEP
A proposed class action filed in Florida claims defendant Bush Ross, P.A. violated federal debt collection law by failing to make certain mandatory disclosures.
A proposed class action filed in Florida claims defendant Bush Ross, P.A. violated federal debt collection law by failing to make certain mandatory disclosures in its initial communication with the suit’s plaintiff. Citing three specific alleged Fair Debt Collection Practices Act (FDCPA) violations, the 18-page lawsuit claims Bush Ross:
- Failed to inform the plaintiff that the company must mail verification of the debt or a copy of a judgment made against her by a condominium association only if she notified the agency in writing that she disputed the debt;
- Failed to inform the plaintiff that the company must provide the name and address of the original creditor, if different than the current creditor, should the woman request such information in writing; and
- Overshadowed in its communication the FDCPA’s mandatory notice of validation rights by telling the plaintiff that unless she paid her debt in full, “it may file a claim of lien on her property” within 30 days after receipt of the letter.
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