CONSUMER Defeats Motion to Dismiss in FDCPA Case

The United States District Court for Arizona recently denied a motion to dismiss filed by Potts & Waldron, PC and Mark W. Waldron concerning claims that their collection letter violated the Fair Debt Collection Practices Act or FDCPA.

Potts & Waldron sent an initial letter to the Arizona consumer threatening legal action if the debt was not paid within 30 days from the date of the letter. The Court concluded that the consumer's claim should not be dismissed as this threat effectively overshadowing the rights provided by the FDCPA which allows a consumer 30 days after her receipt of the letter to send a letter disputing the debt and requesting verification. The court agreed in its Order denying the motion to dismiss that Waldron’s letter likely overshadowed and otherwise did not comport with the FDCPA.

The FDCPA protects Arizona consumers from collection harassment and abuse– even abuse received at the hands of collection lawyers attempting to collect on Home Owner Association (HOA) dues and fines.

If you are an Arizona consumer who is being harassed by a collection agency or collection attorney, please call Floyd W. Bybee at the BYBEE LAW CENTER, PLC (480) 756-8822 for a free phone consultation.