Earlier this year, the Florida Court held that an undated collection letter could be considered a violation of the FDCPA.  In Roger v. GC Services Limited Partnership, the Plaintiff received a collection letter from Wells Fargo that failed to indicate the date of the letter.  However, the letter informed the Plaintiff that between a certain date and “today” he had been charged $0.00 in interest or fees.  The letter also informed him the total balance of the debt as of “now.”

The Plaintiff argued that the terms “today” and “now” were impossible to determine because the letter did not contain a date.  He further argued the omission constituted “false, deceptive or misleading representation” under 15 U.S.C. 1692e, “unfair or unconscionable means to collect” a debt under section 1692f, and a violation of section 1692g, which requires collectors to provide “the amount of the debt” in their initial communications.  

The Defendant argued that its letter “conforms exactly to” the model form provided by the Consumer Financial Protection Bureau (“CFPB”) and is therefore sheltered under the safe harbor protections offered by the CFPB regulations.  However, the Court noted that while use of the form ensures compliance with the CFPB's regulations, it does not guarantee compliance with the statutory requirements of the FDCPA.  

Ultimately finding that Plaintiff's claim under 1692g should survive Defendant's Motion to Dismiss, the Court also found that Plaintiff's claims under 1692e and 1692f should survive as well.  The Court explained that “[a] section 1692g violation can establish violations of sections 1692e and 1692f if the violation is ‘one that would tend to mislead the least sophisticated consumer,'” which the Court determined was the case in this matter.  

If you've received an undated collection letter or believe you have experienced any form of creditor harassment, do not hesitate to contact the Holland Law Group to hire an experienced Florida attorney. We have attorneys throughout the state that can assist you whether you're in Miami-Dade, Hillsborough, Duval, Orlando, Sarasota, or any other area in Florida. Call (941)-306-3601 for your consultation today!