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STOP Collector Blog From the law firm of Lemberg & Associates

FH Cann & Associates: From Our Case Files

On behalf of our client, Lemberg & Associates recently filed a complaint in U.S. District Court, District of Massachusetts, against FH Cann & Associates, Inc. Our client alleges that FH Cann & Associates agreed to a payment plan of $50 per month, and sent her a letter that failed to inform her of her rights under state and federal laws. After making two payments, our client contacted FH Cann & Associates and told them she was no longer able to make the $50 payments, and asked that they be reduced to $30. FH Cann & Associates agreed, but then sent her a letter requesting payment in full. When our client confronted FH Cann & Associates, they said that the letter was not a demand for payment, but a receipt of payment.

The lawsuit charges that FH Cann & Associates violated the Fair Debt Collection Practices Act (FDCPA) by using false, deceptive, or misleading representation or means in connection with the collection of a debt; by employing false and deceptive means to collect a debt; and by failing to send a letter within five days of initial contact.

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Author
Sergei Lemberg

Sergei Lemberg is the principal at Lemberg & Associates, a consumer law firm that defends consumer rights in the areas of fair debt collection law, fair credit law, and lemon law, among others. He is regularly labeled by the debt collection industry as one of the “most active consumer attorneys” in the U.S.

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Stamford, CT 06905
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"The FDCPA is a consumer protection statute and was intended to permit, even encourage, attorneys like Lemberg to act as private attorney generals to pursue FDCPA claims."

U.S. Ninth Circuit Court of Appeals, Evon v. Law Offices of Sidney Mickell
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