Lawsuit Claims Greenspoon Marder Misleads and Threatens Consumers

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Greenspoon Marder, P.A. is on the receiving end of a proposed class action lawsuit that alleges it violated the Fair Debt Collection Practices Act (FDCPA) by failing to clearly communicate in its debt collection letters. The plaintiff claims she received a collection letter from the defendant that stated the following: “The total past due amount is $14,059.16, plus any interest and late charges which have been added to your account balance.” The suit argues that this statement is misleading because it neglects to mention the interest rate or how the extra fees were calculated. The defendant’s lack of disclosure leaves the unsophisticated consumer unable to determine the true amount of the alleged debt and hinders him or her from making payments, according to the complaint.

The suit further argues that the letter violates the FDCPA by “overshadowing” the consumer’s right to dispute the debt with “a demand for payment within the thirty-five (35) day period and a threat of the accelerated foreclosure proceeding.”