Vital Recovery Services Hit with FDCPA Class Action
by Erin Shaak
Last Updated on May 8, 2018
Franco v. Vital Recovery Services, LLC
Filed: August 2, 2017 ◆§ 1:17-cv-04549
A New York man has filed a proposed class action lawsuit against Vital Recovery Services, LLC claiming the debt collector failed to clearly state in a collection letter the amount of his alleged debt.
A New York man has filed a proposed class action lawsuit against Vital Recovery Services, LLC claiming the debt collector failed to clearly state in a collection letter the amount of his alleged debt. The plaintiff says he received a letter from Vital Recovery Services informing him that his account balance may change due to “interest, late charges and other charges that may vary from day to day” and that if he paid the stated balance, “an adjustment may be necessary” after payment is received. The suit argues this language violates the plaintiff’s rights under the Fair Debt Collection Practices Act “because [the defendant] demanded payment without sufficiently communicating to [the plaintiff] the exact amount due and owing on the alleged debt.” The letter failed to include any information as to the interest rate, the timing of added fees, and an explanation of the “other charges” mentioned in the letter and therefore left the plaintiff unable to determine his true account balance on any given day, the complaint claims.
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