Class-Action Complaint Accuses Collector of Listing Wrong Validation Date in Notice

A class-action complaint originally filed in state court in Florida has been removed to federal court at the request of the defendant, which is being sued for violating the Fair Debt Collection Practices Act for a number of alleged violations, including not providing a proper end of the validation period as required under Regulation F.

A copy of the complaint in the case of Coleman v. Heartland Resolution Group and Pendrick Capital Partners can be accessed by clicking here.

The plaintiff received a collection letter from one of the defendants — Heartland Resolution Group –which was collecting on behalf of the other defendant — Pendrick Capital Partners. Among the allegations made in the complaint are violations of Section 1692c(b) of the FDCPA because communicating information about the debt between the defendants constituted a communication under the FDCPA that was not consented to by the plaintiff.

Along with denying she owed the debt, the plaintiff also indicated the letter was dated February 10, 2022, but claimed that it was not mailed until sometime after that date. The letter included a deadline of March 22, 2022 for the plaintiff to dispute the debt, but the complaint alleges the deadline should have been later because the letter was not mailed on the day it was dated.

The complaint also accuses the defendant of violating Section 1692e and 1692f of the FDCPA because it offered the opportunity for the plaintiff to settle the debt for less than the full amount owed, but did not mention what would happen if the plaintiff paid the reduced amount. The letter also included a notice that some of the debts may have been past the statute of limitations, but did not indicate which of the debts attempting to be collected were time-barred.

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