Irving Kaplan & Associates Hit with FDCPA Class Action Over Allegedly Misleading Letter

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Irving Kaplan & Associates, Inc. is on the receiving end of a New York consumer’s proposed class action in which she alleges the collection agency violated the Fair Debt Collection Practices Act (FDCPA) by overshadowing her debt dispute rights and failing to identify her creditor.

According to the lawsuit, the plaintiff received a collection letter in April 2018 that included a header reading, “FDCPA WARNING.” The case argues that there was no legal precedent for this supposed “warning,” and that the heading could intimidate the plaintiff into foregoing her debt dispute rights “for fear of imminent adverse action.”

Moreover, the case claims the letter stated, “RE: THE VALLEY HOSPITAL (1ST) OUT P,” but failed to clearly name any entity as the creditor to whom the debt is owed.

“The Letter fails to identify by name and label any entity as ‘creditor,’ ‘original creditor,’ ‘current creditor,’ ‘account owner,’ or ‘creditor to whom the debt is owed,’” the suit charges.