Capital Management Services Pegged with Debt Complaint Claiming Missing Balance Info
Last Updated on May 8, 2018
French v. Capital Management Services, LP
Filed: December 27, 2017 ◆§ 1:17cv1386
A consumer in New York allege Capital Management Services violated the FDCPA by failing to provide essential details on his debt balance.
New York
A New York consumer alleges in a proposed class action that Capital Management Services, LP erred in failing to mention in a collection notice the minimum amount he owed at the time he received the letter. Citing potential Fair Debt Collection Practices Act (FDCPA) violations, the complaint further claims the defendant unlawfully failed to provide certain information that would allow the plaintiff, i.e. the “least sophisticated consumer,” to determine how much needs to be paid to resolve his debt at any given point in the future. These omitted details include whether additional interest will be applied to the man’s balance, the applicable interest rate, the date of accrual of interest, and the amount of any non-interest charges or fees owed, according to the complaint. All told, the case argues Capital Management Services did not fulfill its obligation to clearly convey the amount of debt owed by the plaintiff.
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