Sladic v. I.C. System (U.S. District Court, Eastern District of New York, Case No. 09-3497)
In a class action complaint, Lemberg & Associates is representing Angelo Sladic, who is suing I.C. System for allegedly violating the Fair Debt Collection Practices Act. Mr. Sladic received a debt collection validation notice from I.C. System for a $20 debt from a medical group. The letter stated that the balance due was $60, comprised of the “principal due” as $25 and the “collection charges due” as $35. Mr. Sladic’s agreement with the medical group didn’t obligate him to pay for collection charges or any charges in excess of $20. The letter also stated that the balance due “may change due to…other charges that may be added to the account after the date of this letter.” In addition, it threatened to report Mr. Sladic to national credit reporting agencies and that Mr. Sladic had the right to inspect his credit file.
The suit alleges that I.C. System violated the FDCPA for attempting to collect fees that weren’t authorized by the agreement creating the debt or permitted by law, as well as for misrepresenting the amount, character, and legal status of the debt. It also alleges that I.C. System violated the FDCPA by incorrectly stating the amount of the debt in the required debt validation notice, and by threatening to communicate credit information which is known or should be known to be false. Further, it alleges that the validation letter overshadows or contradicts mandatory validation requirements because it had superfluous content, presented two or more different and conflicting statements concerning Mr. Sladic’s rights and obligations, and did not effectively convey the required validation information.
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