Class Action Against Forster & Garbus Alleges Multiple Debt Collection Law Violations

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Forster & Garbus, LLP finds itself as the defendant in a proposed class action filed by a plaintiff who claims the agency sent a debt collection letter that was not compliant with federal and state laws.

Filed in Wisconsin, the lawsuit claims the defendant mailed the plaintiff a notice in June 2018 pertaining to a credit card debt. The case takes issue with the defendant’s alleged indication in the notice that the plaintiff’s creditor was “Target Credit Card,” when in fact the individual’s actual creditor was TD Bank. 

“Upon information and belief, TD Bank USA, N.A. … is the actual creditor of [the plaintiff’s] alleged debt, but based on the above representations, the unsophisticated consumer would be confused as to whether the current creditor was TD Bank, ‘Target Credit Card,’ ‘Target Card Services,’ or some other entity,” the complaint reads, referencing the specific language in the notice.

The suit also picks at the defendant’s alleged demand of a minimum payment while at the same time implying that Forster & Garbus may initiate legal action should the plaintiff fail to resolve the account. The notice reportedly contained the following language:

“At this time we are only acting as a debt collector. Attorneys may act as debt collectors. Our firm will not commence a suit against you. However, if we are not able to resolve this account with you, our client may consider additional remedies to recover the balance due.”

According to the lawsuit, the defendant overshadowed the plaintiff’s legally provided 30-day validation rights by threatening imminent legal action.