Hemmer Law Offices Facing FDCPA Lawsuit

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A proposed class action has been filed against Hemmer Law Offices, LLC alleging that it sent a Wisconsin consumer a collection letter that violated provisions of the Fair Debt Collection Practices Act (FDCPA). The plaintiff in the case claims she received a notice from the defendant that included an attorney’s name in the letterhead followed by the title “Supplemental Court Commissioner.” The suit argues that including this title would falsely imply to the unsophisticated consumer that a court commissioner is directly involved in his or her case. “The consumer would wonder how he could possibly successfully contest the debt when a local judge or court commissioner is representing the other side,” the complaint reads.

The suit further notes that the notice’s subject line states $1,285.80 as the “Balance Due” while a different amount, $1,285.50, is listed in the body of the letter. According to the complaint, the defendant failed its FDCPA obligation to clearly communicate the amount of debt by confusing the plaintiff with different balances.