Immediate Credit Recovery Misled Consumer in Collection Notice, Class Action Claims

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From New York comes a proposed class action in which the plaintiff claims Immediate Credit Recovery, Inc. mailed a collection notice containing language that overshadows certain rights afforded to consumers by the Fair Debt Collection Practices Act (FDCPA). According to the lawsuit, the defendant’s statement informing the plaintiff “If you do not dispute the validity of this debt, and to prevent, further collection activity from being taken, you must make payment in full directly to [Immediate Credit Recovery]” violates the FDCPA because it oversteps the individual’s “absolute right to request the name of the original creditor.” The complaint asserts the defendant’s collection notice would more than likely lead the plaintiff, i.e. the unsophisticated consumer, to mistakenly believe the only way to stop collection efforts is to make full payment, when in fact there exists more than one way to pause collection activity.

“Such duty to stop collection efforts is not contingent upon [the plaintiff] making any payment to [the defendant],” the case reads.