GC Services Sued Over Allegedly Ambiguous Letters

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GC Services Limited Partnership is on the receiving end of proposed class action lawsuit alleging that it violated provisions of the Fair Debt Collection Practices Act (FDCPA). The plaintiffs say they received letters from the defendant that failed to clearly specify the amount of their alleged debts by neglecting to disclose whether the balances were subject to interest, late fees, or other charges.

One of the plaintiffs further claims that the defendant did not clearly communicate her rights to dispute the alleged debt. The letter supposedly contained the following statement: “UNLESS YOU, WITHIN THIRTY (30) DAYS AFTER YOUR RECEIPT OF GC SERVICES’ INITIAL WRITTEN NOTICE TO YOU CONCERNING THIS DEBT, DISPUTE THE VALIDITY OF THE DEBT, OR ANY PORTION THEREOF, THE DEBT WILL BE ASSUMED TO BE VALID BY GC SERVICES.” The suit argues that this language would mislead the reasonable consumer because he or she could not be certain as to whether the letter was GC Services’ “initial written notice” or whether there was an earlier letter. The complaint further claims that a portion of the letter was written in Spanish, which the plaintiff says she does not speak or understand. Therefore, the suit argues, the letter is considered misleading under the FDCPA.