Olive v. First Revenue Assurance LLC (U.S. District Court, Middle District of Pennsylvania, Case No. 4:10-CV-1320)
In a class action complaint, Lemberg & Associates is representing Camille Olive, who is suing First Revenue Assurance for unlawful and predatory consumer debt collection practices. Ms. Olive received her first written notification from First Revenue Assurance, which said that she had 30 days from the date of the notice to dispute the debt, and that her debt may be reported to national credit bureaus after 30 days from the date of the notice. According to the Fair Debt Collection Practices Act, a consumer can dispute a debt within 30 days of receiving the notice (not 30 days from the date of the notice).
Ms. Olive then received a second letter from First Revenue Assurance. She received the letter before the first letter’s 30-day validation period had expired, and it included a threat that it would investigate her assets and assess her ability to pay. It falsely implied that First Revenue had the ability and/or right to evaluate Ms. Olive’s personal finances and conveys a threat to take legal or official action which it cannot or does not intend to take.
The suit alleges that First Revenue Assurance violated the Fair Debt Collection Practices Act in a number of ways, such as failing to provide a proper validation notice, the use of unfair or unconscionable means to collect a debt, and threatening to take legal action that couldn’t be legally taken or that it didn’t intend to take.
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