Class Action: Tsarouhis Law Group Misled Consumer Regarding Debt Dispute Rights [UPDATE: DISMISSED]

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A Philadelphia consumer has filed a proposed class action in which she claims Tsarouhis Law Group, LLC sent a collection letter that misstated her debt dispute and validation rights.

Citing potential violations of the Fair Debt Collection Practices Act (FDCPA), the suit focuses on an April 2018 notice sent to the plaintiff concerning an obligation owed to Mariner Finance LLC. The letter allegedly stated that upon receiving a written debt dispute, the defendant would provide “verification of the debt or copy of the Judgment against [her].”

According to the case, however, the law firm’s disclosure failed to inform the plaintiff that, upon written request, the debt collector will provide the consumer with the name and address of the original creditor should it differ from that of the current creditor. The suit argues that the language in the defendant’s notice implies that should a consumer submit a dispute, the debt collector will choose whether to obtain verification or provide the name and address of the original creditor.

“Given Defendant’s wording of the letter, the consumer believes that he or she must dispute the debt in order to obtain creditor information. This is false and inaccurate,” the suit reads.