Class Action Argues Caine & Weber Cannot Deem Debt Disputes ‘Frivolous’

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Caine & Weiner Company, Inc. finds itself on the receiving end of a proposed class action in which a Georgia consumer claims she received a collection notice in which the company discouraged her from exercising her federal right to dispute an alleged debt.

According to the lawsuit, Caine & Weber including the following language in the June 2017 notice sent to the plaintiff:

Please be aware that we reserve the right to consider disputes that lack details and/or supporting documentation to be frivolous.”

The Fair Debt Collection Practices Act (FDCPA) does not afford a debtor the right to consider disputes to be frivolous under any circumstance, the lawsuit argues.

“[The defendant’s] statement in the Debt Collection Letter is nothing less than deceptive and wholly misleading,” the suit says, “for they assert to have a right, i.e. the right to deem a dispute frivolous, which they do not in fact possess and is nowhere in the text of the FDCPA.”