Suit Claims Capital Management Services Failed to Disclose Required Debt Information

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Capital Management Services, L.P. is the defendant in a proposed class action lawsuit filed by a man who claims the debt collector violated several provisions of the Fair Debt Collection Practices Act (FDCPA). According to the suit, the defendant sent the plaintiff a collection letter that listed his balance and indicated that the amount “may vary from day to day” as a result of “interest, late charges and other charges.” The complaint argues that the defendant was required to provide more information – such as the interest rate, the nature of the additional charges, and the date they would be added – to satisfy the FDCPA’s requirement that it clearly convey the consumer’s amount of debt.

Additionally, the case claims the defendant left several voice messages on the plaintiff’s answering machine that failed to identify it as a debt collector attempting to collect a debt.