National Enterprise Systems Hit with New York Man’s FDCPA Suit

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A proposed class action lawsuit has been filed against National Enterprise Systems, Inc. over allegations that it miscommunicated a consumer’s right to dispute his purported debt. The plaintiff in the case, a New York resident, says he received a collection letter from the defendant that instructed him to “forward all payments and correspondence to” a physical mailing address. According to the case, this demand violated the Fair Debt Collection Practices Act (FDCPA) by implying that debt disputes, which the suit says would be considered “correspondence,” must be submitted in writing. From the complaint:

“The least sophisticated consumer, reading the Letter as a whole, would be likely to understand that, because a dispute is a correspondence, all disputes must be communicated in writing, thereby invalidating the right to make a dispute orally.”