Fair Debt Collection Practices Act
Williams v. Waypoint Resource Group, LLC, No. 18CV4921ARRRML, 2019 WL 1368998 (E.D.N.Y. Mar. 26, 2019)
In this class action lawsuit filed under the Fair Debt Collection Practices Act, plaintiff alleged that a debt collection letter sent to her violated the act because it failed to clearly and accurately disclose the identity of the creditor to whom the balance sought was owed. Boxed text in the top right corner of the letter listed the date and account number, and directly below the boxed text, the letter included the lines “Client Name: Verizon” and “Original Creditor: Verizon.” The first two sentences of the letter read: “This notice regarding your account with Verizon is being sent to you by Waypoint Resource Group. Verizon has placed your account with us for collections.” The letter concluded by stating that it “is an attempt to collect a debt” and is a “communication … from a debt collector.” The payment slip provided included an account number and stated: “Client Name: Verizon.” Plaintiff alleged that the letter was confusing to the least sophisticated consumer in that it failed to clearly identify the name of the creditor to whom the debt was owed as multiple Verizon entities exist.
In granting defendant’s motion to dismiss plaintiff’s claims, the court rejected plaintiff’s arguments, noting that “[e]ven the least sophisticated consumer could recognize the entities with who[m] they have conducted business.”
Waypoint Resource Group, LLC was represented by partner Kenneth M. Labbate.