Consumers Lodge Multiple FDCPA Claims Against GC Services
by Erin Shaak
Last Updated on May 8, 2018
Hertzovitz et al v. GC Services Limited Partnership
Filed: June 19, 2017 ◆§ 2:17-cv-03697
GC Services Limited Partnership is facing another proposed class action lawsuit over claims that it violated the Fair Debt Collection Practices Act (FDCPA).
GC Services Limited Partnership is facing another proposed class action lawsuit over claims that it violated the Fair Debt Collection Practices Act (FDCPA). According to the suit, the defendant sent consumers collection letters that failed to specify whether their balances would change due to accruing interest and late fees. The plaintiffs claim that their balances were, in fact, subject to interest and late fees, but that GC Services neglected to disclose the details of those extra fees, hindering their ability to determine the true amount of their alleged debts.
The letters also supposedly contained the following statement: “UNLESS YOU, WITHIN THIRTY (30) DAYS AFTER YOUR RECEIPT OF GC SERVICES’ INITIAL WRITTEN NOTICE TO YOU CONCERNING THIS DEBT, DISPUTE THE VALIDITY OF THE DEBT, OR ANY PORTION THEREOF, THE DEBT WILL BE ASSUMED TO BE VALID BY GC SERVICES.” The suit argues that the phrase “GC Services’ initial written notice” implies to the unsophisticated consumer that there could have been an earlier letter from the defendant that began the 30-day dispute period. The debt collector’s failure to clearly communicate consumers’ right to dispute their debts violates the FDCPA, according to the complaint.
Additionally, one of the plaintiffs claims that his letter contained a section written in Spanish. He alleges that he does not speak or understand Spanish, and that as a result, the letter is misleading.
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