Law Office Accused of Sending Deceptive Debt Collection Letter
by Erin Shaak
Last Updated on May 8, 2018
Maximov v. The Law Office of Perri E. Frosch, Esq.
Filed: February 13, 2018 ◆§ 1:18cv965
The Law Office of Perri E. Frosch, Esq. is on the receiving end of a proposed class action lawsuit that claims the defendant violated several provisions of the Fair Debt Collection Practices Act in a collection letter it sent to a New York woman.
New York
The Law Office of Perri E. Frosch, Esq. is on the receiving end of a proposed class action lawsuit that claims the defendant violated several provisions of the Fair Debt Collection Practices Act in a collection letter it sent to a New York woman. The letter allegedly referenced a debt incurred from the medical treatment of the plaintiff’s daughter – a charge to which the woman says she never agreed.
The complaint first takes issue with the notice’s supposed failure to differentiate between disputing a debt and obtaining verification. The language included in the body of the letter, the suit says, could mislead the unsophisticated consumer into thinking he or she could send a written notification “in order to obtain verification of the debt, but not to dispute the debt.”
The suit then argues that the defendant included “deceptive language” in the letter intending to convince the recipient that her insurance refused to cover the charge and her only option was to pay the alleged debt. From the complaint:
“[I]n an effort to coerce [the plaintiff] into making a payment on the subject debt, [the defendant] deceptively and misleadingly represented that it possessed and reviewed information regarding insurance matters related to the debt, and the letter implied that [the defendant] had personal knowledge that [the plaintiff’s] insurance company would not pay the debt.”
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