Suit Says ARS Makes Unlawful Demands to Collect Debt
by Erin Shaak
Last Updated on May 8, 2018
Wheeler v. American Recovery Systems-ARS, Inc.
Filed: June 15, 2017 ◆§ 5:17-cv-00646-MAD-TWD
American Recovery Systems-ARS, Inc. is facing claims that it violated the Fair Debt Collection Practices Act (FDCPA) in collection letters it sent to consumers.
American Recovery Systems-ARS, Inc. is facing claims that it violated the Fair Debt Collection Practices Act (FDCPA) in collection letters it sent to consumers. In a proposed class action lawsuit, the plaintiff says he received a letter from the defendant that stated, “PURSUANT TO THE NOTICE BELOW, DISPUTES ON THIS ACCOUNT MUST BE IN WRITING.” The letter allegedly informs the recipient that verbal disputes will not be accepted. According to the complaint, the FDCPA does not require that disputes be made in writing. The suit argues, therefore, that the defendant’s demand for written communication causes the letter to be considered misleading and illegal.
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