A panel of judges in the Fourth Circuit of Appeals Friday revived a class action case against a debt collector over language used in the firm’s collection letters. At issue was the demand that any disputes be made in writing, which the plaintiffs claim was a violation of the FDCPA.
The case, Clark et al. v. Absolute Collection Service, had been dismissed by a district judge in North Carolina early last year. But on appeal, the Fourth Circuit panel found that there was cause to revive the case and send it back for further action.
The two defendants in the case, a married couple, defaulted on two separate healthcare debts from the same medical office in 2011. Absolute Collection Service (ACS), contracted to collect the debts, sent two initial letters to the couple with the following validation notice:
View this content by subscribing
Please register to unlock this content
I already have an account. Log in
