GC Services Limited Partnership Facing FDCPA Class Action

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GC Services Limited Partnership is facing a proposed class action that claims it sent a collection letter that failed to adhere to Fair Debt Collection Practices Act (FDCPA) requirements. According to the suit, the plaintiff received a letter that listed a balance and indicated that the amount “may vary from day to day” due to “interest, late charges, and other charges.” Therefore, the complaint argues, the defendant failed to clearly communicate the amount of the plaintiff’s alleged debt as required by the FDCPA because it neglected to provide her with the information she needed to calculate the true balance on any given day.

The suit takes further issue with GC Services’ alleged implication that disputes must be submitted in writing, noting that the letter contained a “CORRESPONDENCE AND PAYMENT MAILING ADDRESS.” According to the complaint, “the least sophisticated consumer, reading the Letter as a whole, would be likely to understand that, because a dispute is a correspondence, all disputes must be communicated in writing, thereby invalidating the right to make a dispute orally.” The case argues that the FDCPA imposes no such writing requirement on consumers seeking to dispute a debt.