Consumer Claims Rosenthal Morgan and Thomas Sent Misleading Collection Notice

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Rosenthal Morgan and Thomas, Inc. is facing a proposed class action filed by a Wisconsin consumer who alleges the debt collector sent her a letter that violated the Fair Debt Collection Practices Act (FDCPA) in that it failed to explain her debt amount while misrepresenting her debt dispute rights.

According to a March 2018 invoice, the plaintiff owed a third party $249.11 for personal security services, the lawsuit says. In July, the case continues, the consumer received a letter from the defendant that listed a balance of $316.37 for the same obligation without any explanation for the balance increase. The suit claims the defendant “improperly added amounts to the Debt which are not expressly authorized by the agreement creating the Debt or permitted by law.”

The case takes further issue with the letter’s allegedly improper disclosure of the plaintiff’s debt verification rights. The complaint says the letter stated, in part:

“If notice is sent to this office in writing within thirty days from receipt of this notice, this office will obtain verification of this debt or obtain a copy of the judgment and mail you a copy of the verification or judgment . . . .”

The case argues the defendant misstated the plaintiff’s rights “by eliminating the requirement that the consumer dispute the debt in full or in part.”