FDCPA Suit Claims Mullen & Iannarone Omitted Vital Phrase from Collection Letter

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A proposed class action has been filed against Mullen & Iannarone, P.C. over an allegedly misleading omission from a collection letter the defendant sent to a New York consumer. According to the suit, the debt collector was required under the Fair Debt Collection Practices Act (FDCPA) to include in its letters “a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector” (emphasis added).

The complaint claims the letter the defendant sent to the plaintiff contained the following statement:

“Unless within thirty (30) days of receipt of this letter you dispute the validity of the debt or any portion thereof, the debt will be assumed to be valid.”

Notably, the words “by the debt collector” were omitted from the required disclosure, an omission the suit argues falsely implies that absent a dispute, the plaintiff’s debt will be assumed to be valid in general – including by a court, credit reporting agency, or “other entity of authority” – rather than only by the defendant and the plaintiff’s creditor.