FDCPA Lawsuit Filed Against Encore Receivable Management over 'Fine Print'

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From New York comes a proposed class action that claims defendant Encore Receivable Management, Inc. violated the Fair Debt Collection Practices Act (FDCPA). Filed by two named plaintiffs, the lawsuit says the defendant’s alleged violations of the FDCPA include writing mandatory validation language in a font “so small that it is difficult to read, and easy to overlook” in consumers’ collection letters. This conduct, the lawsuit contends, encourages the least sophisticated consumer to mistakenly believe the validation language is unimportant.

Under the FDCPA, the lawsuit says, a debt collector has an obligation not just to convey certain mandatory information to the consumer, but also to do so clearly and effectively.