The Fair Debt Collection Practices Act (FDCP) sets forth rules for third-party debt collectors who are attempting to collect consumer debts. It seeks to prevent abusive collection practices. Among its requirements are that debt collectors must provide certain information to consumer debtors at their first contact or shortly thereafter. The complaint for this class action alleges that American Coradius International, LLC (ACI) did not provide the required information as to the current creditor for the debt.
The plaintiff for this class action, Chinita Washington, allegedly incurred a debt for goods or services for personal, family, or household purposes. It was later alleged that Washington did not make the required payments on the debt and that the obligation entered a state of default. At some point, ACI was hired or assigned to collect the debt.
ACI sent Washington a debt collection letter on or around November 19, 2020, attempting to collect the debt. A copy of this letter was attached to the original complaint as Exhibit A when it was filed.
The complaint quotes the FDCPA about information that must be provided to consumer debtors at or just after the initial contact by a debt collector: “Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing” certain information about the debt.
The information to be communicated include the amount of the debt, the name of the creditor to whom the debt is owed, and a statement detailing the consumer’s rights in disputing the debt or any portion of it.
The letter from ACI does include the amount of the debt, but it lists the Creditor as “Synchrony Bank PayPal Credit” or “Synchrony Bank PayPal Credit account.”
The complaint alleges, “‘Synchrony Bank PayPal Credit’ is not a legal entity and was not the creditor to whom the debt was owed.” Therefore, it claims, “This did not provide [Washington] with the necessary information to determine exactly which legal entity ow[n]ed the debt when the letter was sent.”
The class for this action is
- All individuals with Illinois addresses
- Who were sent a collection letter by or on behalf of American Coradius International, LLC in the form represented by Exhibit A
- To collect a consumer debt,
- Where the letter was sent on or after October 12, 2020, and
- Where the letter was not returned as undeliverable by the post office.
Topic: Loans
Most Recent Case Event
American Coradius Did Not Provide Creditor Name FDCPA Complaint
October 12, 2021
The Fair Debt Collection Practices Act (FDCP) sets forth rules for third-party debt collectors who are attempting to collect consumer debts. It seeks to prevent abusive collection practices. Among its requirements are that debt collectors must provide certain information to consumer debtors at their first contact or shortly thereafter. The complaint for this class action alleges that American Coradius International, LLC (ACI) did not provide the required information as to the current creditor for the debt.
American Coradius Did Not Provide Creditor Name FDCPA ComplaintCase Event History
American Coradius Did Not Provide Creditor Name FDCPA Complaint
October 12, 2021
The Fair Debt Collection Practices Act (FDCP) sets forth rules for third-party debt collectors who are attempting to collect consumer debts. It seeks to prevent abusive collection practices. Among its requirements are that debt collectors must provide certain information to consumer debtors at their first contact or shortly thereafter. The complaint for this class action alleges that American Coradius International, LLC (ACI) did not provide the required information as to the current creditor for the debt.
American Coradius Did Not Provide Creditor Name FDCPA Complaint