Plaintiff’s Lawsuit Questions ‘Current Balance’ Info in D&A Services Collection Letter
Last Updated on May 8, 2018
Narine v. D&A Services, Llc of IL
Filed: December 27, 2017 ◆§ 1:17cv7536
D&A Services faces a lawsuit in which a consumer claims the company stated a 'current balance' in a collection notice without any further explanation.
D&A Services, LLC of IL is the defendant in a proposed class action brought by a plaintiff who claims the company violated the Fair Debt Collection Practices Act (FDCPA) by stating in a January 2017 collection notice a “current balance” without any further clarification. The complaint argues the defendant’s notice can reasonably read as having two or more meanings with regard to the plaintiff’s balance due, arguing D&A violated the FDCPA by failing to state whether the amount may increase due to accruing interest. The case concedes that the plaintiff’s balance was not subject to the accrual of interest, but by stating a current balance, the lawsuit argues, the defendant “falsely suggested that immediate payment of the balance would benefit the plaintiff’ in that the amount would be subject to change, as well as subject to additional interest.
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