FDCPA Class Action Filed Against Patenaude & Felix, A.P.C.

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San Diego, California-based law firm Patenaude & Felix, A.P.C. is the defendant in a proposed class action claiming it violated the Fair Debt Collection Practices Act (FDCPA). The defendant, which doubles as a debt collection agency, allegedly sent a collection notice to the plaintiff that was “confusing and misleading to the unsophisticated consumer,” as it contained numerous FDCPA violations.

The collection notice described in the complaint allegedly contained conflicting language regarding what the plaintiff had to do to have the defendant’s collection activities stop until they provided verification of the debt. According to the plaintiff, the collection notice prompts the debtor contact the defendant by phone to “avoid further collection activity.” Later in the notice, the defendants say the debtor’s request for the verification of the debt must be made in writing.

The complaint also claims the letter was misleading to the plaintiff because it noted that the notice came from a law office. From the lawsuit:

“Upon information and belief, at the time [the collection notices] were mailed to the plaintiff and the class, no attorney at Patenaude had reviewed any documentation underling the alleged debts, including but not limited to any contract, payment history or any other documents establishing or evidencing the alleged debts.”

Lastly, the lawsuit alleges the collection notice sent by the defendant failed to clearly state the true amount of debt owed by the plaintiff, as it noted one amount for the total due and a different amount for “minimum due.”