Lefkoff, Rubin, Gleason & Russo Hit with Debt Collection Suit in Georgia

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A proposed class action has been filed against Lefkoff, Rubin, Gleason & Russo, P.C. over a supposedly misleading collection letter the firm sent to a Georgia resident. According to the lawsuit, the debt collector sent the plaintiff a letter around March 7, 2018, regarding an obligation she allegedly owed to Wells Fargo but failed to include required disclosures regarding the woman’s right to dispute the debt. Though the notice did contain a debt dispute disclosure, the complaint alleges the language used by the defendant to communicate the plaintiff’s rights was slightly different from the requirements set by the Fair Debt Collection Practices Act (FDCPA). Specifically, the case takes issue with the following statement in the letter:

“IF YOU DISPUTE THE DEBT IN WRITING WITHIN THIRTY (30) DAYS, WE WILL SEND TO YOU A VERIFICATION OF SAID DEBT OR COPY OF THE JUDGMENT, AS WELL AS THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM THE CURRENT CREDITOR.”

The lawsuit argues that the defendant failed to inform the plaintiff that if he disputed the debt “or any portion thereof” the firm would be required to send verification. Further, the case claims the defendant neglected to specify that a request for the name and address of the creditor must also be made in writing.

On top of that, the suit takes issue with the letter’s warning that the firm would recommend litigation to the plaintiff’s creditor if he did not make payment arrangements within 30 days, arguing that this threat overshadowed the included validation notice.