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Online Information Services Date and Phone Number FDCPA Class Action

The Fair Debt Collection Practices Act (FDCPA) tries to make sure that third-party debt collectors give consumers all the information they need to make judgments about their alleged debts and their payment. The complaint for this class action alleges that Online Information Services, Inc. (OIS) provided confusing information, in violation of the FDCPA, and failed to provide a telephone number as required by Wisconsin state law.

Plaintiff Regina Morgan allegedly owed a debt, incurred for personal utility services, to WE Energies. At some point, the debt was assigned to OIS for collection.

OIS sent Morgan a collection letter dated August 19, 2019. A copy of the letter is attached to the complaint as Exhibit A. The complaint alleges that the letter violates laws in two ways.

First, the Account Summary box shows the entry “Date of Service: July 24, 2018.” This entry is confusing, the complaint says, because it does not specify whether the debt is for services up to that date or from that date on. The bill might therefore be for services used while she was living in her prior home or after she had moved out.  

The complaint refers to a previous court case to assert, “Misstating the ‘Date of Service’ associated with a consumer’s alleged debt is a material misrepresentation because, among other things, it undermines the perceived legitimacy of the collection effort.”

Second, the complaint points to the upper portion of the letter, which is a payment remittance slip that is supposed to be sent in with the consumer’s payment. This does not contain OIS’s phone number, which is required to appear there by Wisconsin state law.

In its section on Collection Notices, the Wisconsin Administrative Code says that “every collection notice mailed or delivered by a licensee shall contain the collection agency’s licensed name, mailing address, and telephone number, both as part of the letterhead and on the portion of the collection notice designed to be returned to the agency with the debtor’s communication or payment.”

The class for this action is

  • All natural persons in Wisconsin
  • To whom OIS sent a collection letter in the form of Exhibit A in this case
  • Seeking to collect a debt incurred for personal, family, or household purposes,
  • On or after January 7, 2020 and up to January 7, 2020
  • That was not returned by the postal service.

 (The class period above is as stated in the complaint, but it might be erroneous, running instead from January 7, 2019 to January 7, 2020.)

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Online Information Services Date and Phone Number FDCPA Complaint

January 7, 2020

The Fair Debt Collection Practices Act (FDCPA) tries to make sure that third-party debt collectors give consumers all the information they need to make judgments about their alleged debts and their payment. The complaint for this class action alleges that Online Information Services, Inc. (OIS) provided confusing information, in violation of the FDCPA, and failed to provide a telephone number as required by Wisconsin state law.

online_info_svcs_fdcpa_complaint.pdf

Case Event History

Online Information Services Date and Phone Number FDCPA Complaint

January 7, 2020

The Fair Debt Collection Practices Act (FDCPA) tries to make sure that third-party debt collectors give consumers all the information they need to make judgments about their alleged debts and their payment. The complaint for this class action alleges that Online Information Services, Inc. (OIS) provided confusing information, in violation of the FDCPA, and failed to provide a telephone number as required by Wisconsin state law.

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