David F. Pratt Faces Debt Collection Lawsuit Filed in Kentucky

New to ClassAction.org? Read our Newswire Disclaimer

David F. Pratt, Attorney at Law is facing a proposed class action that alleges violations of the Fair Debt Collection Practices Act (FDCPA). The plaintiff, a Kentucky resident, claims the defendant sent him a collection notice that contained the following statement: “Unless you, the consumer within thirty (30) days after receipt of this notice, dispute the validity of this debt, or any portion thereof, the debt will be assumed valid.”

The suit argues that the statement unlawfully failed to inform the plaintiff that, in the absence of a dispute, the debt collector would assume the debt to be valid. The complaint cites a portion of the FDCPA containing this allegedly omitted detail (emphasis ours):

“[U]nless the consumer, within thirty days, after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector.”

The suit takes further issue with the letter’s alleged threat that a lawsuit would be filed if the plaintiff did not take action within 30 days. According to the complaint, this statement unlawfully overshadowed the consumer’s right to dispute the debt within 30 days of receiving the collection letter.