Consumer Argues Encore Receivable Management Violated FDCPA

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A proposed class action lawsuit over alleged violations of the Fair Debt Collection Practices Act (FDCPA) claims defendant Encore Receivables Management, Inc. sent the plaintiff and putative class members collection notices that unlawfully prompted the individuals to call a toll-free number if they wished to dispute their debts.

The defendant allegedly included the following language in the collection notices mentioned in the complaint:

“Note: If payment has already been made, please notify this office at 866-247-1087 or by writing to Encore at the address listed below.”

The lawsuit argues it is an FDCPA violation to fail to inform the least sophisticated consumer that debt disputes must be made in writing. Language included in the defendant’s collection notice, particularly the above language, the lawsuit says, could lead the debtor to be confused as to what he or she must to do effectively dispute a debt.