A national class action has been filed against Risk Management Alternatives, a professional debt collection agency, alleging that Risk Management has violated federal and state law in its debt collection efforts. The action seeks statutory damages and injunctive and declaratory relief.
This case revolves around debt collection letters issued by Risk Management. The letter said that, if the debtor didn't pay the debt within 35 days, Risk Management would turn the debtor over to a second collection agency. The letter noted that the second collection agency might report the debtor's account as a collection item with various credit-reporting agencies.
The Fair Debt Collection Practices Act (FDCPA) requires that a debtor be able to dispute the validity of a debt that is under collection. The class action asserts that the language of Risk Management's letter did not allow enough time for the debtor to be able to dispute the validity of the debt. Additionally, Risk Management allegedly violated New York law by failing to include its collection agency license number in its letterhead. The action alleges that Risk Management engaged in this activity in a systematic attempt to defraud New York citizens, and that the class will be quite numerous.
The action is on behalf of all debtors who received a debt collection letter from Risk Management that violated the FDCPA in this manner.