Legal Case Study: Debtor Sues Based on Deceptive Letter from In-house Collection Arm. Is that A FDCPA Violation?
This legal case study explores a situation in which a retail credit card holder fell behind on her payments. This retailer's accounts were operated by Citicorp, which sent the debtor various dunning notices. When she failed to pay, she received a letter from "Debtor Assistance," which stated that "your account has recently [been] charged off" and which offered her a manageable repayment schedule. At the time of this case, Debtor Assistance was actually a unit of Citicorp that handles accounts that have been written off but not yet assigned to collection agencies. The debtor never paid and ended up filing for bankruptcy protection. She eventually sued Citicorp for violation of the Fair Debt Collection Practices Act (FDCPA)
, based on the letter from Debtor Assistance. Think she had a case? Read on for the answer and our analysis! . . . (to read the remainder of this article, please log in below.)