C. Tech Collections Hit with Class Action Alleging FDCPA Violation

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A proposed class action filed against C. Tech Collections, Inc. claims the defendant sent a New York consumer a collection letter that misled him regarding his right to dispute his purported debt. According to the complaint, the letter instructed the man to “mail all correspondence & payments to” the debt collector’s physical address. The suit notes that although the notice listed a telephone number, “that number refers only to payments.”

The case alleges that the least sophisticated consumer, upon reading the defendant’s instructions, would assume he or she could only dispute the debt in writing. Contrary to this representation, the complaint attests, the Fair Debt Collection Practices Act (FDCPA) also allows for disputes to be submitted over the phone.

“Defendant's communications were designed to cause the debtor to suffer a harmful disadvantage in charting a course of action in response to Defendant's collection efforts,” the suit reads, adding that the notice would likely dissuade a consumer from exercising his or her FDCPA rights.