First Federal Credit Control Misstated Consumer’s Rights, Lawsuit Alleges

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First Federal Credit Control, Inc. is on the receiving end of a proposed class action that claims the company misstated a Florida consumer’s verification rights in a collection notice.

According to the suit, the December 2017 letter contained the following statement:

“UNLESS YOU NOTIFY THIS OFFICE WITHIN 30 DAYS AFTER RECEIVING THIS NOTICE THAT YOU DISPUTE THE VALIDITY OF THIS DEBT OR ANY PORTION THEREOF, THIS OFFICE WILL ASSUME THIS DEBT IS VALID. IF YOU NOTIFY THIS OFFICE IN WRITING WITHIN 30 DAYS FROM RECEIVING THIS NOTICE, THIS OFFICE WILL: OBTAIN VERIFICATION OF THE DEBT OR OBTAIN A COPY OF A JUDGEMENT AND MAIL YOU A COPY OF SUCH JUDGEMENT OR VERIFICATION.”

The case argues that this statement failed to indicate that in the written notification, the plaintiff must dispute the debt or any portion thereof in order to obtain verification or a copy of a judgment against the woman.

“Plaintiff is entitled to be given notice of her right to dispute the debt or a portion of her alleged debt pursuant to [the Fair Debt Collection Practices Act]. Defendant has taken away such right by not correctly stating the statute in its Validation Notice to Plaintiff,” the complaint adds.