Consumer Sues Optio Solutions Over Alleged FDCPA Violations

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A New York woman has filed suit against Optio Solutions LLC (which does business as Qualia Collection Services), claiming the debt collector failed to adhere to federal law in a collection letter it sent her. According to the suit, the letter contained the following allegedly misleading statement:

“Please note that the balance listed above is the balance as of the date of this letter and may continue to accrue interest and fees as permitted by your account agreement and applicable law.”

The statement is misleading, the case continues, because it fails to specify the details of any extra charges that may be added, allowing the plaintiff to accurately calculate how much she needs to pay. In particular, the suit argues the letter must accomplish the following in order to comply with the Fair Debt Collection Practices Act:

- must allow the least sophisticated consumer to determine the minimum amount he or she owes at the time of the notice;

- must allow the least sophisticated consumer to determine what he or she will need to pay to resolve the debt at any given moment in the future;

- must contain an explanation, understandable by the least sophisticated consumer, of any fees or interest that may cause the balance to increase at any time in the future.