Fitness Club Collections sent out a letter to an alleged debtor.
It was the first communication from Fitness Club Collections to
this person. However, the letter failed to advise the
consumer that they had a right to dispute the debt and seek
validation of the debt from Fitness Club Collections.
Therefore, this debt collector violated the
Fair Debt Collection Practices Act, 15 U.S.C.
§1692g(a).
However, that was not the only way the violated the law, nor was
it the most egregious. What the collector did that
really irked this consumer was that it sent the letter in an
envelope that clearly marked on the outside that it was coming from
a debt collector.
The Fair Debt Collection Practices Act, 15 U.S.C. §1692f(8)
states that it is a violation of the Act for the collector to use
any language or symbol on the outside of the envelope other than
its address. The collector may include the company name on
the envelope as long as it does not indicate that the company is in
the business of collecting debts. The letter sent to this
consumer was in an envelope that provided the full company name –
which clearly indicated they were a debt collector.
This consumer wisely sought the assistance of Larry P. Smith & Associates,
Ltd., who promptly filed a lawsuit against Fitness Club
Collections. This debt collector paid the consumer the
maximum statutory damage award of $1,000 plus paid all of the legal
costs incurred. Though they would not Admit to their
violations, they did not fight the case, and instead, satisfied the
obligations they had under the Fair Debt Collection Practices
Act.
If you are getting collection letters through the mail that
display on the outside, for the world to see, that you are being
contacted by a debt collector, SmithMarco, P.C., can
help. Call us at 888-822-1777 or visit our website for a FREE CASE
REVIEW.