N.A.R. Facing Class Action Over Potential FDCPA Violations
by Erin Shaak
Last Updated on June 21, 2018
Lowery v. N.A.R., Inc.
Filed: June 13, 2018 ◆§ 2:18-cv-00480
A proposed class action has been filed against N.A.R., Inc. claiming the debt collector sent the plaintiff a collection notice that falsely implied his balance was increasing.
A proposed class action has been filed against N.A.R., Inc. over potential Fair Debt Collection Practices Act (FDCPA) infractions. In particular, the suit claims the debt collector sent the plaintiff a collection notice in June 2017 that falsely implied his balance was increasing. The letter supposedly included an itemized list that noted the man’s total balance and indicated he owed $0.00 in interest and fees. The case alleges that further down in the letter, however, the defendant warned:
“As of the date of this letter, this is the amount due. Because of interest or other charges that may vary from day to day, the amount due on the day you pay may be greater.”
The lawsuit claims these statements overshadowed the plaintiff’s right to dispute the debt because they imply that his debt will continue to increase as he waits to pay it off. Further, the suit argues the statements themselves were false and deceptive, as the plaintiff’s balance was not increasing due to accruing interest or fees.
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