NY Consumer Sues Kirschenbaum and Phillips Over ‘Illegal’ Collection Letter
by Erin Shaak
Last Updated on May 8, 2018
Miller v. Kirschenbaum & Phillips, PC
Filed: July 30, 2017 ◆§ 1:17-cv-04475
A New York consumer has filed suit against Kirschenbaum & Phillips, PC claiming the debt collector violated the Fair Debt Collection Practices Act by failing to clearly communicate to him the true amount of his alleged debt.
New York
A New York consumer has filed suit against Kirschenbaum & Phillips, PC claiming the debt collector violated the Fair Debt Collection Practices Act (FDCPA) by failing to clearly communicate to him the true amount of his alleged debt. The plaintiff says he received a letter from the defendant listing his balance but informing him that it may increase due to “interest and other charges.” The suit argues that this statement is misleading because the debt collector neglected to mention any additional information that would allow the plaintiff to calculate the true amount of his alleged debt, such as the interest rate, timing, and nature of the extra charges. The complaint labels the letter as a “false, deceptive, or misleading representation” and insists that it was sent in violation of federal law.
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