GC Services Sued Over Alleged FDCPA Violations

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A New York woman has filed suit against GC Services Limited Partnership over claims that the debt collector sent her a letter that failed to clearly convey the amount she allegedly owed and included a misleading explanation of her right to dispute the debt or request validation. According to the complaint, the plaintiff received a collection notice from GC Services that noted her balance and informed her that as a result of “interest, late charges, and other charges that may vary from day to day,” the amount listed may change. The suit argues that the defendant failed to provide enough information for the plaintiff to calculate how much she needed to pay to settle the account, an alleged violation of the Fair Debt Collection Practices Act (FDCPA).

The letter also contained a validation notice that, according to the case, informed the plaintiff that the 30-day period during which she could request verification or dispute the debt began “AFTER [HER] RECEIPT OF GC SERVICES’ INITIAL WRITTEN NOTICE.” The suit argues that the language used in the statement implies that GC Services sent a prior notice and that the validation period had already ended. From the complaint:

“The said Notice is in violation of the FDCPA as it failed to effectively and clearly convey to the Plaintiff and the unsophisticated consumer, the correct time-frame in which a dispute need be submitted to the Defendant in order to invoke the protections of the FDCPA.”