FDCPA Lawsuit Filed Against Capital Management Services

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A proposed class action accuses Capital Management Services, L.P. of violating the Fair Debt Collection Practices Act (FDCPA) by failing to clearly state a consumer’s debt amount in a collection letter. Specifically, the suit takes issue with the following statements supposedly included in the January 2017 notice:

As of the date of this letter, you owe $6194.30. Because of interest, late charges, and other charges that may vary from day to day, the amount due on the day you pay may be greater.”

Though the defendant informed the plaintiff that her account “may” increase, the suit explains, it failed to provide her with the interest rate, date of accrual, date late charges will be applied, the nature of the “other charges,” and additional information needed for the woman to calculate her true account balance on any given day. The case alleges the plaintiff, after reading the defendant’s letter, was left unsure as to how much she purportedly owed.