Lawsuit: RS Clark and Associates’ Collection Letter Makes Unlawful Demands

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An Alabama woman has filed suit against RS Clark and Associates, Inc. over allegations that it violated the Fair Debt Collection Practices Act by failing to accurately communicate her rights under the law. The plaintiff says she received a debt collection notice from the defendant stating the following:

“Unless you notify this office in writing within 30 days after receiving this notice that you dispute the validity of this debt or any portion thereof, this office will assume this debt is valid.”

The complaint claims a debt dispute is not required to be made in writing and can be submitted over the phone. Therefore, the debt collector failed to accurately inform the consumer of her rights by demanding a written dispute, according to the lawsuit. In particular, it argues the following:

“By providing an inaccurate validation notice, the Defendant caused the Plaintiff real harm by depriving her of information to which she was statutorily entitled to receive, by making it more difficult for the Plaintiff to exercise her dispute rights, by making it less likely that Plaintiff would dispute her debt, and by subjecting the Plaintiff to deceptive collection practices which she had a substantive right to be free from.”