GC Services Named as Defendant in Second FDCPA Suit This Week

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GC Services Limited Partnership is on the receiving end of another lawsuit filed this week over claims that it violated several provisions of the Fair Debt Collection Practices Act (FDCPA). According to the suit, the debt collector sent a letter to a New York consumer that stated her balance and included the following statements:

“As of the date of this letter, you owe $1,862.93. 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. Hence, if you pay the amount shown above, an adjustment may be necessary after we receive your check.”

The complaint argues that the defendant failed to clearly communicate the amount of the plaintiff’s alleged debt, as required under the FDCPA, because it neglected to include in the letter the interest rate, date of accrual, nature of the “charges,” and other information that would allow the plaintiff to calculate how much she owed on a given day.

Moreover, the case claims that the letter also informed the plaintiff of an address to which she could send “correspondence and payment.” According to the complaint, this address falsely implies to the unsophisticated consumer that he or she must send any disputes – which could be considered “correspondence” – in writing, whereas the FDCPA imposes no such requirement on the consumer.