Lyon Collection Services Facing New Jersey Consumer’s FDCPA Suit

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A New Jersey consumer has filed a proposed class action against Lyon Collection Services, Inc. in which she claims the company sent a letter that failed to properly convey her rights under the Fair Debt Collection Practices Act (FDCPA).

According to the complaint, the August 2018 letter stated, in part:

“If you request of this office in writing within 30 days after receiving this notice this office will provide you with the name and address of the original creditor, if different from the current creditor.”

The case argues this statement failed to clearly communicate that a debt dispute must be made in writing. By beginning the statement with “if,” the suit says, the defendant effectively implied “that the writing requirement is voluntary.” Further, the case claims the first sentence of the “G Notice” failed to contain “any mention of the word ‘writing’.”

The plaintiff alleges she was confused as to “the proper method for exercising [her] dispute and validation rights under the FDCPA.”