Collection Attorney Facing FDCPA Suit Over Alleged Threat to Report Debt in Letter

A class-action lawsuit has been filed in New Jersey alleging that a collection attorney violated the Fair Debt Collection Practices Act by threatening to report an individual’s unpaid debt to a credit bureau when it had no plans to do so.

A copy of the complaint in the case of Pazymino v. Harrison can be accessed by clicking here.

In a collection letter sent to the plaintiff, the defendant informs the plaintiff that the debt will be reported to a credit bureau if the account is not resolved within 35 days from the date the letter was sent.

“This office has attempted to contact you to resolve your account without success. Therefore, we are placing you on notice that we intend to report your account to a national credit reporting service if same is not resolved within thirty five (35) days from the date of this letter.”

Without saying how it knows the debt will not be reported, the plaintiff is accusing the defendant of violating subsections of Section 1692e of the FDCPA, by falsely threatening to take actions it did not intend to take and using deceptive means to collect or attempt to collect on a debt.

The plaintiff is seeking to include any individual who received a similar letter from the defendant as part of the class.

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