EDITOR’S NOTE: This article is part of a series that is sponsored by WebRecon. WebRecon identifies serial plaintiffs lurking in your database BEFORE you contact them and expose yourself to a likely lawsuit. Protect your company from as many as one in three new consumer lawsuits by scrubbing your consumers through WebRecon first. Want to learn more? Call (855) WEB-RECON or email email@example.com today! Thanks to WebRecon for sponsoring this series.
DISCLAIMER: This article is based on a complaint. The defendant has not responded to the complaint to present its side of the case. The claims mentioned are accusations and should be considered as such until and unless proven otherwise.
A class-action lawsuit has been filed in North Carolina federal court, alleging that the defendant violated the Fair Debt Collection Practices Act when it used an undated Model Validation Notice to inform the plaintiff about an outstanding debt.
A copy of the complaint, filed in the District Court for the Western District of North Carolina, can be accessed using case number 22-cv-00591 or by clicking here.
Similar to many of the other complaints that have been filed nationwide regarding the lack of a date on the Model Validation Notice, this complaint alleges that there while it is a “common practice to date official” letters, letters that lack a date “seem illegitimate.” The notice does appear to use the date of service as the itemization date and does include a date by which the plaintiff needed to call or write the defendant to dispute the debt.
“As dating a letter is so basic in the business world, the fact that Defendant left the Letter dateless arouses suspicion as to their underlying motivations for doing so,” the plaintiff alleges in her complaint.
The complaint accuses the defendant of violating Sections 1692d, 1692e, 1692e(2)(A), 1692e(10), 1692f, 1692g(a), and 1692g(b) of the FDCPA. The complaint seeks to include anyone else who received a Model Validation Notice from the defendant in regards to debts owed to the same creditor.