FDCPA Class Action Filed Against McCarthy Burgess & Wolff

New to ClassAction.org? Read our Newswire Disclaimer

A proposed class action out of Wisconsin federal court alleges defendant McCarthy Burgess & Wolff, Inc. violated the federal Fair Debt Collection Practices Act (FDCPA). The plaintiff claims the debt collection agency sent her a notice over an alleged debt owed for a Home Depot-branded credit card that failed to clearly and unambiguously note that in order for the debtor to invoke her FDCPA right for collection actives to cease until verification can be obtained, a verification request must be made in writing. Instead of noting that verification requests must be submitted in writing, the defendant’s notice allegedly included language stating that a debtor would have to contact a representative by phone “to discuss this matter further,” a tactic the complaint argues is meant to discourage consumers from disputing debts in writing.