On behalf of our client, Lemberg & Associates recently filed a complaint in U.S. District Court, District of Massachusetts, against FH Cann & Associates, Inc. Our client alleges that FH Cann & Associates agreed to a payment plan of $50 per month, and sent her a letter that failed to inform her of her rights under state and federal laws. After making two payments, our client contacted FH Cann & Associates and told them she was no longer able to make the $50 payments, and asked that they be reduced to $30. FH Cann & Associates agreed, but then sent her a letter requesting payment in full. When our client confronted FH Cann & Associates, they said that the letter was not a demand for payment, but a receipt of payment.
The lawsuit charges that FH Cann & Associates violated the Fair Debt Collection Practices Act (FDCPA) by using false, deceptive, or misleading representation or means in connection with the collection of a debt; by employing false and deceptive means to collect a debt; and by failing to send a letter within five days of initial contact.