National Collection Systems Inc. faces a class action lawsuit that accuses the company of violating several provisions of the Fair Debt Collection Practices Act (FDCPA). Congress passed the FDCPA to prevent creditors from harassing and/or threatening consumers.
Primary plaintiff Aisland Rhodes filed the FDCPA class action lawsuit on September 15, 2015. The class action lawsuit alleges the Colorado branch of National Collection Systems left voice mails on Rhode’s cell phone that did not make it clear the purpose of the calls was to collect an outstanding debt. Rhodes asserts National Collection Systems never identified the name of the company making the phone calls. The class action lawsuit claims National Collection Systems vaguely referred to the purpose of the phone calls as a “personal business matter” or a “business matter.”
Rhodes asserts the loosely worded voice messages asked her to return the phone calls as soon as possible. One voice message prompted the judge to take action. The voice message said the intent of the phone call referred to “a matter that pertains specifically to you and does indeed require your attention.”
The FDCPA requires creditors to not only indentify the company making the call, but also explain the reason for the phone call. Rhodes filed the class action lawsuit to hold Colorado National Collection Systems accountable for not disclosing the company name and failing to state the purpose of the phone calls made to collect an outstanding debt. The class action lawsuit is asking for National Collection Systems to pay statutory damages to every eligible class member.
National Collection Systems denies it committed violations of the FDCPA. However, the judge presiding over the case has issued a judgment in favor of the plaintiffs.
What You Need To Know
According to court documents, eligible class members in the Colorado National Collection systems class action settlement include “all persons with an address in Colorado (1) for whom National Collection Systems Inc. left, or caused to be left, a voice message, (2) in connection with collection of a consumer debt, (3) from September 17, 2014 to September 17, 2015, (4) that failed to state (a) National Collection Systems Inc.’s name, or (b) that National Collection Systems Inc. is a debt collector.” The judge has not determined the potential award for each eligible class member.
The deadline to file a valid claim form is August 21, 2017. Aisland Rhodes v. National Collection Systems Inc., Case No. 1:15-cv-02049-REB-STV, in the U.S. District Court for the District of Colorado does not have a final hearing scheduled. Visit the class action settlement website www.RhodesFDCPAaction.com to learn when the judge presiding over the class action settlement has set the date for the final hearing.
Leave a Reply