Zimmerman v. Portfolio Recovery Associates (U.S. District Court, Southern District of New York, Case No. 7:09-cv-04602-SCR)
In a class action complaint, Lemberg & Associates is representing Jason Zimmerman, who is suing Portfolio Recovery Associates LLC for violations of the Fair Debt Collection Practices Act (FDCPA). The suit alleges that Portfolio Recovery sent Mr. Zimmerman a letter on Portfolio Recovery Litigation Department letterhead, threatening a lawsuit if Mr. Zimmerman didn’t pay the debt or make payment arrangements within 14 days. Along with the letter, the debt collection agency sent a set of legal-looking documents, such as a draft Summons, Complaint, Affidavit of Military Investigation, and Affidavit of Ownership and Sale of Claim.
The lawsuit revolves around a number of FDCPA-related issues. For example, the FDCPA prohibits debt collectors from sending documents that mimic legal documents; from threatening to take legal action in an improper venue; and from sending documents that might confuse the “least sophisticated consumer.” In addition, the suit alleges that Portfolio Recovery placed the required notice of a consumer’s right to dispute the claim on the last page of the mailing, with the legal-looking documents overshadowing the statement of rights.
Because these types of collection letters are mass-mailed form letters, it is likely that many other consumers received these notices. By bringing this class action lawsuit, other consumers will be represented as well.
Update: The motion for class certification and summary judgment is pending.
Update: The motion for summary judgment and class certification was granted.
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