Suit Says Firstsource Advantage Fails FDCPA Requirements
by Erin Shaak
Last Updated on May 8, 2018
Stern v. Firstsource Advantage, LLC
Filed: May 30, 2017 ◆§ 1:17-cv-03228
A New York man has filed a proposed class action lawsuit against Firstsource Advantage, LLC claiming it failed to include necessary disclosures in its communications.
A New York man has filed a proposed class action lawsuit against Firstsource Advantage, LLC claiming the debt collector failed to include necessary disclosures in its communications with him. Firstsource allegedly left messages on the plaintiff’s phone that neglected to identify itself as a debt collector and inform him that it was attempting to collect a debt. According to the complaint:
“[T]he purpose of these messages is to be vague enough to provoke the recipient to return the calls in haste. A message left by a debt collector which does not state that it pertains to collection of a debt could reasonably pertain to a host of issues – including family or medical matters – which may be viewed by a consumer as much more pressing, than a debt owed.”
The suit further claims the debt collector sent collection letters to the plaintiff that neglected to specify whether his balance would increase due to interest or other fees. He alleges that the balance did increase in subsequent letters, which indicated to him that interest was accruing. The suit argues, however, that the plaintiff was unable to determine the interest rate or calculate the true amount of his alleged debt at a given time, in violation of the Fair Debt Collection Practices Act (FDCPA).
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