A nationwide class action has been filed in New York against Pressler & Pressler, P.A. The action is brought on behalf of all consumers who, since December 1, 2002, received a "form" type collection letter from Pressler & Pressler attempting to collect a debt for Capital One Bank that included a legal style caption on the letter. According to consumers, Pressler & Pressler has violated the federal Fair Debt Collection Practices Act by making false and misleading assertions in an attempt to collect a debt. Consumers are seeking unspecified compensatory and statutory damages, disgorgement of profits and declaratory and injunctive relief.

According to consumers, Pressler & Pressler sent them a collection letter with a legal style caption as part of the letter and asserted that they had been retained by Capital One Bank to collect a debt. However, the consumers claim that Pressler & Pressler has not initiated any legal action against them, has not even been retained by Capital One Bank in any material capacity and have misrepresented their role as a firm hired to collect a debt. The consumers allege that these actions were willful and intentional and violate the federal Fair Debt Collection Practices Act. Consumers additionally claim that the potential class in this matter numbers in the thousands.