Patenaude & Felix On the Hook in Debt Collection Class Action

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A Wisconsin consumer alleges in a lawsuit that defendant Patenaude & Felix, A.P.C. mailed her a billing statement that conflicted with a previously sent collection notice. The plaintiff says the defendant, in the collection notice, listed her “total due” as $4,483.19, with a minimum amount due of $169.00. The issue, the lawsuit continues, is the defendant’s billing statement listed a “new balance” of $4,483.19, and a minimum payment due of $777.00, significantly higher than what was relayed to the plaintiff in the collection notice. The complaint asserts the defendant, in addition to lacking the authority to accelerate the maturity of the account, violated the Fair Debt Collection Practices Act (FDCPA) by listing both a total due and minimum payment due. 

Moreover, the lawsuit takes issue with the defendant’s letterhead, which identified the company as the “Law Offices of Patenaudue & Felix A.P.C. – A Professional Legal Corporation.” The plaintiff argues that, to the unsophisticated consumer, the defendant’s letterhead makes it seem as though the consumer has received a letter from a law firm hired to sue to collect an unpaid debt, with an attorney personally involved with the debtor’s account.

Lastly, the complaint notes the defendant allegedly failed to include language explaining the extent of attorney involvement in collecting the debt.