FDCPA Class Action Sets Sights on Sunrise Credit Services

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Sunrise Credit Services, Inc. is on the receiving end of a proposed class action filed by a New Jersey woman who claims she received a collection notice from the agency that included language that is both contradictory to and overshadows Fair Debt Collection Practices Act (FDCPA) requirements.

At issue, the complaint says, is the defendant’s inclusion of a phone number in its notice that could effectively confuse the least sophisticated consumer about his or her FDCPA rights. Allegedly, the phone number was placed directly above a mandatory validation notice on the backside of the notice, which, the case argues, could lead the debtor to be unsure of the proper method to effectively dispute the debt.

“Upon reading the May 17, 2016 letter from Sunrise, the least sophisticated consumer would believe that she should choose either of the instructions as set forth directly above the validation notice to call the toll free number or write to Sunrise at the address on the letter, to dispute the alleged debt,” court documents say.