NY Consumer Alleges Atlantic Credit & Finance Asked for Debt Disputes in Writing

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A New York consumer alleges in a lawsuit that Atlantic Credit & Finance, Inc. unlawfully requested that she dispute her supposed debt in writing. The lawsuit, citing Fair Debt Collection Practices Act (FDCPA) abuses, says the law does not require consumers to dispute debts in writing, and that it’s a violation of the FDCPA to include language in a collection notice overshadowing that of the statute.

“It is a violation of the FDCPA to include language in the Letter that, when examined from the perspective of the least sophisticated consumer, leads the least sophisticated consumer to believe that her dispute must be made in writing,” the complaint reads, adding that the plaintiff, reading the letter, would likely understand that all debt disputes must be made in writing.

The lawsuit sticks to the defendant’s alleged inclusion of language in the letter stating that the plaintiff “mail all correspondence to: Atlantic Credit & Finance, Inc. PO Box 13386, Roanoke, VA 24033-3386.” According to the complaint, this particular language would reasonably mislead the consumer as to his or her FDCPA rights.