Kentucky and Pennsylvania Consumers Challenge NCO Financial's Collection Practices |
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A class action has been filed in Pennsylvania against collection specialist, NCO Financial Services, Inc. The action is brought on behalf of all Kentucky and Pennsylvania residents who received a collection letter from NCO Financial which included a due date for payment, a date which consumers claim has the effect of overshadowing the statutorily required statement entitling consumers to challenge the validity of the alleged debt. The action is brought under the federal Fair Debt Collection Practices Act and seeks statutory damages as well as injunctive and declaratory relief.
This action arises from what consumers allege is a an intentional attempt to coerce consumers into making immediate payment of alleged debts while at the same time overshadowing statutorily mandated language under federal Fair Debt Collection Practices Act. The consumers claim that the initial collection letters sent by NCO Financial contain a prominent due date. This date, consumers allege, leads them to believe that the debt needs to be paid immediately. Under the Fair Debt Collection Practices Act, consumers are given 30 days from the receipt of an initial collection letter to dispute the validity of the debt. Information regarding this right must be included in all initial collection letters. Any and all statements that overshadow this information are strictly prohibited by the Act. Additionally, the Act forbids any communication that has a misleading, unfair or coercive effect. Consumers allege that the prominent due date on NCO Financial's letters satisfy this standard, entitling them to damages.
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