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FDCPA Overshadowing Claim Rejected

Link: NADBORSKI v. RECEIVABLE MANAGEMENT SERVICE CORPORATION (N.D. Ill. Nov. 8, 2018).

Plaintiff, represented by the Consumer Law Center, P.C., filed a class action alleging that the following language overshadowed the debtor’s rights under 1692g:


This is a request for payment of this account which has been placed by VONAGE for collection. Please remit your payment to the address above.
If you have not been contacted by an RMS representative, you will be receiving a call to bring this matter to a resolution. Should you receive this letter after a discussion with our representative, we thank you for your cooperation.

The Court, Ronald A. Guzman, disagreed:


Plaintiff’s assertion that the letter’s statement that he would be receiving a call contradicts the 30-day verification notice is just the type of idiosyncratic and unreasonable interpretation that the Seventh Circuit has stated is not violative of the FDCPA. Even an unsophisticated consumer, as defined above, would not believe that the promised phone call to attempt to resolve the matter somehow cancels out his right to seek verification of the debt.

. . .


According to Plaintiff, the letter is further confusing and overshadows his rights because RMS’s request that the consumer include the claim number in all communications[1]“contradicts the fact that a consumer does not need to provide specific information or wording in order to dispute a debt.” (Pl.’s Resp., Dkt. # 24, at 5.) This contention verges on the ridiculous.

Posted in FDCPA

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