Wood v. Capital One Services LLC, NCO Financial Systems, and Capital One Bank (U.S. District Court, Northern District of New York, Case No. 5:09-cv-01445-NPM-DEP)

In a class action complaint, Lemberg & Associates is representing Gareth Wood, who is suing Capital One Services, NCO Financial Systems, and Capital One Bank for alleged violations of the federal Fair Debt Collection Practices Act. The suit alleges that Mr. Wood received a letter from Capital One Collections that was entitled “Pre-Legal Notice.” The letter appeared to be from the creditor, Capital One, but the toll-free number in the notice was redirected to NCO 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 allegedly violates the Fair Debt Collection Practices Act in a number of ways. First, it doesn’t mention Mr. Wood’s 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 motion for class certification is pending.

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If you’ve received a letter from Capital One Collections that said “Pre-Legal Notice,” 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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