Gilbert Garcia Group Faces Claims of Multiple FDCPA Violations

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Gilbert Garcia Group, P.A. and Statebridge Company, LLC are on the receiving end of a proposed class action lawsuit that claims they violated several provisions of the Fair Debt Collection Practices Act (FDCPA). The letter allegedly demands payment within 30 days of the date on the letter. The suit argues that this statement overshadows the consumer’s right to dispute the debt within 30 days of the receipt of the letter. For the consumer to make a full payment within the stated deadline, he or she would need to send it to the defendants prior to the end of the dispute period, the complaint claims, which violates the FDCPA.

The letter also incorrectly informs the recipient that he or she may “notify” Gilbert Garcia Group to obtain verification of the debt, but does not indicate that the debt must actually be disputed in order to receive the verification, according to the complaint. Additionally, it falsely implies that the request to obtain verification must be made in writing, the plaintiff claims.

The suit also argues that the letter fails to clearly identify the plaintiff’s creditor and incorrectly identifies the FDCPA as “15 U.S.C. SECTION 1601 AS AMENDED” instead of “15 U.S.C. §1692.”