Did CSCs letter violate the FDCPA? Card Service Center (CSC) sent Elizabeth Brown a collection letter demanding
Question:
Did CSC’s letter violate the FDCPA?
Card Service Center (CSC) sent Elizabeth Brown a collection letter demanding payment of a delinquent credit card balance of $1,874. The letter said:
“You are requested to contact the Recovery Unit of the Card Service Center.to discuss your account. Refusal to cooperate could result in a legal suit being filed for collection of the account.
You now have five (5) days to make arrangements for payment of this account. Failure on your part to cooperate could result in our forwarding this account to our attorney with directions to continue collection efforts.”
Brown did not contact CSC within five days, and CSC did nothing other than send her more collection letters.
Brown filed suit, alleging that CSC had violated the FDCPA. She alleged that the letter was deceptive because the company never had any intention of carrying out its threats. The district court granted CSC’s motion to dismiss. Brown appealed.
Step by Step Answer:
Business Law and the Legal Environment
ISBN: 978-1111530600
6th Edition
Authors: Jeffrey F. Beatty, Susan S. Samuelson, Dean A. Bredeson