Messerli & Kramer Hit with Multiple-Count FDCPA Lawsuit

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Messerli & Kramer, P.A. is facing a proposed class action lawsuit alleging that the debt collector violated various provisions of the Fair Debt Collection Practices Act (FDCPA). The first named plaintiff in the case claims the defendant sent a fax to her employer identifying itself as “Attorneys at Law” and noting that the included message was from “a debt collector attempting to collect a debt.” The suit argues that the plaintiff never provided Messerli & Kramer with consent to disclose the existence of a debt to her employer and that the notice was unlawfully sent before any judgment was entered against her.

The other named plaintiff argues that the defendant further violated the FDCPA by sending him two identical collection letters “within two days of each other” without warning him that the letters were duplicates. The complaint alleges that this conduct could lead the unsophisticated consumer to pay the same debt twice.