Cawley & Bergmann Facing Debt Collection Class Action

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Cawley & Bergmann, LLC is the defendant in a proposed class action out of New York wherein a consumer claims he received a collection notice that failed to include, among other omissions, mandatory language concerning his debt validation rights.

The case alleges the July 2018 notice from the defendant stated “in bold font larger than any other text” in the communication that available to the plaintiff were “AFFORDABLE OPTIONS TO RESOLVE THIS ACCOUNT!” This language was followed by “more bold-font writing, circled for emphasis,” the suit claims, emphasizing the letter included offers for three different debt payment options. While the notice reportedly contained the validation language required by the Fair Debt Collection Practices Act (FDCPA), nowhere was the plaintiff advised that the defendant’s payment demands did not override his right to dispute all or a portion of the debt, the suit says.

“Because [the plaintiff’s] validation rights are set forth in an inconspicuous manner,” the suit reads, “the least sophisticated consumer is less likely to realize that such rights are not affected by [the defendant’s] payment demands.”

The suit goes on to say that the notice in question identified the plaintiff’s supposed creditor as “JHPDE Finance I LLC.” According to the lawsuit, the plaintiff owes no money to JHPDE Finance I, nor has ever contracted with the company. In the same vein, the case goes on, the letter allegedly failed to properly indicate which entity the defendant represents, as well as explicitly name the creditor to whom the alleged debt is owed.