Lawsuit Claims FMA Alliance Left Vital Information Out of Debt Collection Notice
Last Updated on May 8, 2018
Kakuriyev v. FMA Alliance, Ltd.
Filed: August 10, 2017 ◆§ 1:17-cv-04697
FMA Alliance is on the receiving end of a proposed class action claiming it violated federal debt collection laws with certain non-disclosures.
FMA Alliance, Ltd. is the defendant in a proposed class action claiming it sent a New York consumer a collection notice in which it failed to provide information essential to allowing the recipient to determine exactly how much is to be paid to satisfy his debt. The complaint alleges FMA Alliance sent the plaintiff a non-Fair Debt Collection Practices Act-compliant notice that failed to indicate, among other mandatory items, the date of accrual of interest, the amount of interest accrued during any measurable period, an explanation of any fees and interest that may increase the balance, and an explanation of what “other charges” may be tacked onto the debt. To this point, the case argues a debt collector informing a consumer that “the amount due on the day you pay may be greater” is not enough to clarify whether the balance is truly accruing interest.
Adding to the above are claims FMA Alliance, in the same letter, attempted to require the plaintiff to make disputes of the debt in writing, something the FDCPA does not demand.
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