Firstsource Advantage, LLC is a third-party collector of consumer debt. The complaint for this class action alleges that Firstsource has violated the Fair Debt Collection Practices Act (FDCPA) by putting markings on the outside of the envelope other than its business name and address.
The class for this action is (1) all persons similarly situation in Illinois (2) from whom Firstsource tried to collect a Capital One Bank USA, NA account (3) using a letter sent in an envelope materially identical to the envelope attached as Exhibit B to the complaint in this case, (4) in which bar codes, numbers, and characters are visible on the envelope, (5) sent on or after February 17, 2021.
The FDCPA was intended to stop abusive debt collection practices, says the complaint for this class action, both for the sake of helping consumer debtors and also to make sure that debt collectors who do not use abusive practices are not disadvantaged compared to those who do.
The plaintiff in this case, Anita Maldonado, allegedly owed a debt to an account from Capital One Bank. The account was used primarily for personal, family, and household purposes. Because Maldonado did not continue to pay the account, it went into default. At some point, the complaint alleges, Capital One assigned Firstsource to collect the debt.
Firstsource mailed a debt collection letter to Maldonado on or around July 9, 2021, the complaint alleges, with various information about the alleged debt, including the amount owed, the name of the original creditor, and the account number.
According to the complaint, the “Letter was sent in an envelope with a string of numbers and a barcode next to [Maldonado’s] address, a string of letters and numbers above the return address, and a barcode printed on the back of the envelope.” An image of this envelope was attached to the complaint as Exhibit B.
The complaint alleges that the FDCPA forbids the use of “unfair or unconscionable means to collect or attempt to collect any debt.” Among the unfair practices, the law lists, “Using any language or symbol, other than the debt collector’s address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business…”
The complaint thus claims that the use of other symbols and letters on the envelope in which the collection letter was sent to Maldonado violates this provision of the FDCPA.
The complaint refers to an earlier court case in which it was found that the notation “Time Sensitive Document” on an envelope violated the FDCPA. The US Court of Appeals for the Seventh Circuit has also found, the complaint claims, “no exception even for ‘benign language’ on an envelope[.]”
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Firstsource Debt Collection Additional Markings on Envelope FDCPA Complaint
February 17, 2022
Firstsource Advantage, LLC is a third-party collector of consumer debt. The complaint for this class action alleges that Firstsource has violated the Fair Debt Collection Practices Act (FDCPA) by putting markings on the outside of the envelope other than its business name and address.
Firstsource Debt Collection Additional Markings on Envelope FDCPA ComplaintCase Event History
Firstsource Debt Collection Additional Markings on Envelope FDCPA Complaint
February 17, 2022
Firstsource Advantage, LLC is a third-party collector of consumer debt. The complaint for this class action alleges that Firstsource has violated the Fair Debt Collection Practices Act (FDCPA) by putting markings on the outside of the envelope other than its business name and address.
Firstsource Debt Collection Additional Markings on Envelope FDCPA Complaint