NY Woman Claims Firstsource Advantage’s Collection Letter Left Her ‘Uncertain’
by Erin Shaak
Last Updated on May 8, 2018
Kalmenson v. Firstsource Advantage, LLC
Filed: September 28, 2017 ◆§ 1:17-cv-05680
Firstsource Advantage, LLC is on the receiving end of a proposed class action that accuses it of violating the Fair Debt Collection Practices Act by failing to clearly convey the amount of a New York woman’s alleged debt.
Firstsource Advantage, LLC is on the receiving end of a proposed class action that accuses it of violating the Fair Debt Collection Practices Act by failing to clearly convey the amount of a New York woman’s alleged debt. The plaintiff says she received a collection letter in the mail from the defendant that included her account balance and stated that the amount listed “reflects the total balance due as of the date of this letter.” According to the complaint, the language in the letter implied to the plaintiff that the balance might increase at some point in the future.
“While it is typical for collection letters to state an ‘amount due’ or a ‘current balance,’” the suit explains, “it is not typical for a letter to state that the amount owed is as of a specific date as such language would imply the potential of a different balance on a different date.”
Moreover, the case says the letter contained an itemized list of charges indicating to the plaintiff that no interest had been added “post charge-off” without specifying how much time had passed since charge-off, further adding to the plaintiff’s uncertainty as to how much she owed.
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