Three Plaintiffs Bring FDCPA Lawsuit Against Encore Receivable Management
Last Updated on May 8, 2018
Deguardia et al. v. Encore Receivable Management, Inc.
Filed: August 21, 2017 ◆§ 2:17-cv-04919
A 16-count proposed class action hopes to take Encore Receivable Management to task for alleged Fair Debt Collection Practices Act violations.
New York
Three plaintiffs have put their names on a proposed 16-count class action that alleges Encore Receivable Management unlawfully failed to mention in separate collection notices sent between August and September 2016 that their respective balances may increase due to the accrual of interest, among other non-disclosures. The lawsuit claims the defendant violated the Fair Debt Collection Practices Act (FDCPA) by failing to clearly convey to proposed class members the amount of debt owed “from the perspective of the least sophisticated consumer.”
In addition to the above, each plaintiff claims the defendant failed to:
- Indicate the applicable interest rate;
- Indicate the date of accrual of interest;
- Indicate the amount of late fees and the date on which they may be added;
- State which part of the debt amounts are attributable to principal, and which to interest and late fees; and
- Indicate whether payment of the stated debt amount will fully satisfy the respective debts.
The full complaint can be read below.
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