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National Class Action Targets Risk Management Alternatives, Inc. for Unfair Collection Attempts

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Case ID: 3063 | Credit / Debt | 01/19/2004

A nationwide class action has been filed in New York against collection giant, Risk Management Alternatives, Inc. One of numerous class actions filed nationwide against the collection specialist, this action is brought on behalf of all U.S. residents who received a form type collection letter from Risk Management which demanded payment within 35 days to prevent reporting the debt to national credit reporting agencies. The action is brought under the federal Fair Debt Collection Practices Act and seeks statutory damages as well as injunctive and declaratory relief.

This case revolves around collection letters issued by the defendant in an effort to collect an alleged debt. According to the letter, consumers were given 35 days from the issue date of the letter to either make payment, or be reported to nationwide credit reporting agencies. Under the Fair Debt Collection Practices Act, it is required that a debtor be able to dispute the validity of a debt that is under collection. The consumers allege that the language of the collection letters had the effect of thwarting this requirement and intimidating
consumers into immediately paying the debt prior to determining its validity. By requiring immediate payment, with the penalty of nonpayment being a possible report being made to credit-reporting agencies, it is claimed that the consumers were left without any form of recourse. The consumers allege that these actions are abusive, deceptive and unfair on the part of Risk Management. Consumers also claim that this conduct is widespread, resulting in a very numerous class, numbering perhaps in the hundreds of thousands nationwide.


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