Validation, Dispute Language at Issue in NY Consumer’s Class Action Against Convergent Outsourcing

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A New York resident has filed a proposed class action in which he claims defendant Convergent Outsourcing, Inc. failed to effectively convey in a collection letter the Fair Debt Collection Practices Act’s (FDCPA) validation provision. The plaintiff’s case notes Convergent prominently stated on the front of its collection letter there are “3 CONVENIENT WAYS TO PAY” without stating that the notice itself was an initial communication. Further, the lawsuit says the letter in question contained no transitional language explaining that Convergent’s demand for payment and settlement offer do not override the plaintiff’s FDCPA right to dispute or demand validation of his debt. Lastly, the lawsuit takes issue with the front page of the defendant’s letter solely discussing settlement opportunities for the plaintiff.

“Thus, [the plaintiff’s] validation rights were effectively overshadowed because [the defendant] demanded payment without sufficiently communicating to [the plaintiff] that he has the right to dispute the debt,” the complaint argues.