Rogers v. Capital One Services LLC, United Recovery Systems, and Capital One Bank (U.S. District Court, District of Connecticut, Case No. 310-cv-00398)

In a class action complaint, Lemberg & Associates is representing Henry Rogers, who is suing Capital One Services, United Recovery Systems, and Capital One Bank for alleged violations of the federal Fair Debt Collection Practices Act. The suit alleges that Mr. Rogers received a letter from Capital One Collections that appeared to be from the creditor, Capital One, but the toll-free number in the notice was redirected to United Collections. Essentially, a consumer who used the number thinking that he was calling his bank had his call routed to a debt collection agency.

The letter also sought to entice Mr. Rogers to call the debt collection phone number by offering an Annual Percentage Rate of 0% on his debt if he agreed to a repayment plan and threatening that his APR would rise to 19.90% on the entire debt if the agreement was not honored.

The letter allegedly violates the Fair Debt Collection Practices Act in a number of ways. First, it doesn’t mention Mr. Rogers’ right to dispute the debt or validate the debt. Second, it creates the false impression that it is sent by the creditor, not by the debt collection agencies. Third, the letter is misleading in that it implies that legal action is imminent, when the debt collector doesn’t intend to file suit. Under the FDCPA, it’s illegal to falsely represent the character, amount or legal status of a debt, to threaten to take action when that is not the intent, to use deception to collect a debt, to fail to disclose that an initial written communication is an attempt to collect a debt, and to use a name other than that of the debt collection agency.

Update: The complaint was dismissed and we are appealing.

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If you’ve received a letter from Capital One Collections that neglected to mention your right to dispute or validate the debt, complete the form below or contact our office toll-free at 855-301-2100. We’ll review your case absolutely free and help you understand your options.

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