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Computer Credit Debt Letter Failure to State Creditor FDCPA Class Action

Plaintiff Jennifer Mizrahi allegedly owes a debt for care received at Maimonides Medical Center, but when Computer Credit, Inc. attempted to collect that debt, the complaint for this class action claims that its communications with Mizrahi were confusing enough to violate the Fair Debt Collection Practices Act (FDCPA).

The class for this action is all consumers who got a collection letter from Computer Credit, beween November 13, 2016 and November 13, 2017, attempting to collect a debt, that states an interest charge without clarifying whether that interest is continuing to accrue.

The FDCPA sets for requirements for the fair collection of consumer debts, which includes Mizrahi’s alleged debt. One of the requirements is that, within five days of the initial communication with a consumer, the debt collector must send the consumer a notice containing certain information, unless that information was included in the original notice concerning the debt.

Among the information that must be included is (1) the fact that the consumer can dispute the debt within the next thirty days, and (2) the name of the creditor to whom the debt is owed. This information must be stated clearly enough that an unsophisticated consumer can understand it, and it must not be overshadowed or contradicted by other statements or information.

The letter Mizrahi received did mention that she could dispute the debt within the following thirty days, but it also included the line, “Pay the amount due to prevent further activity by Computer Credit, Inc.” According to the complaint, this line overshadows Mizrahi’s right to request that the company validate the debt and Computer Credit’s obligation to stop collection efforts until it had done so. It implies that Computer Credit’s stopping its collection efforts depends on only whether Mizrahi makes a payment or not, and so would confuse an unsophisticated consumer.

The FDCPA also requires that the letter provide the name of the creditor to whom the debt is due. The letter to Mizrahi says, “Your overdue balance with Maimonides Medical Center has been referred to Computer Credit, Inc. for collection.” Elsewhere in the letter, it says, “Provider Detail Maimonides Medical Center Bank TJX Rewards Card.” Neither of these statements makes clear who the present creditor is.

The complaint alleges that the lack of clarity on these two points makes the letter deceptive, because the question of whether the letter is deceptive “is determined from the perspective of the ‘least sophisticated consumer.’” It asks for statutory and actual damages, as well as attorneys’ fees and interest.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Computer Credit Debt Letter Failure to State Creditor FDCPA Complaint

November 13, 2017

Plaintiff Jennifer Mizrahi allegedly owes a debt for care received at Maimonides Medical Center, but when Computer Credit, Inc. attempted to collect that debt, the complaint for this class action claims that its communications with Mizrahi were confusing enough to violate the Fair Debt Collection Practices Act (FDCPA). Among the information to be included in a debt collection letter is (1) the fact that the consumer can dispute the debt within the next thirty days, and (2) the name of the creditor to whom the debt is owed. This information must be stated clearly enough that an unsophisticated consumer can understand it, and it must not be overshadowed or contradicted by other statements or information. The complaint claims that the information is not clearly stated and/or is overshadowed by other statements in the letter. 

computer_crdit_fdcpa_complaint.pdf

Case Event History

Computer Credit Debt Letter Failure to State Creditor FDCPA Complaint

November 13, 2017

Plaintiff Jennifer Mizrahi allegedly owes a debt for care received at Maimonides Medical Center, but when Computer Credit, Inc. attempted to collect that debt, the complaint for this class action claims that its communications with Mizrahi were confusing enough to violate the Fair Debt Collection Practices Act (FDCPA). Among the information to be included in a debt collection letter is (1) the fact that the consumer can dispute the debt within the next thirty days, and (2) the name of the creditor to whom the debt is owed. This information must be stated clearly enough that an unsophisticated consumer can understand it, and it must not be overshadowed or contradicted by other statements or information. The complaint claims that the information is not clearly stated and/or is overshadowed by other statements in the letter. 

computer_crdit_fdcpa_complaint.pdf
Tags: FDCPA, Misleading or Confusing Debt Collection Letter