Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupport
Contact Us
Search
Close

Debt Collectors Adherence to Generic Forms Were Inaccurate and Misleading

By Catarina Colón on April 15, 2020
Email this postTweet this postLike this postShare this post on LinkedIn
Generic Drug
Summary

A company that handled fee collections for an Association engaged in unlawful practices when it falsely indicated that a lien had been filed against two homeowners.

Facts

Plaintiffs Chad and Caitlin Truhn fell behind on their assessment payments to their Homeowner’s Association. In their agreement with the Association, the Truhns agreed to pay the cost of collecting their fees, a task the Association outsourced to EquityExperts.org, LLC (“the Collector”). The Truhns eventually settled their debt and brought suit alleging that the Collector’s practices violate the Fair Debt Collection Practices Act (“FDCPA”). The Truhns claimed that the Collector’s collection letters contained incorrect and misleading information.

United States District Court, Eastern District of Michigan

The Court held that the Collector violated the FDCPA by using language within their collection letters that would lead the Truhns to believe that a lien had been filed against them. Specifically, the Collector falsely represented it was actively in the process of recording a lien, when in fact, a lien had still not been filed more than six weeks later when the Truhns had satisfied their debt. The Court explained, because the least experienced consumer would more than likely have read the letter to mean that the lien had been mailed directly to the recording office, the Collector violated the FDCPA.

The Collector’s statement that a collection cost had been charged to the Homeowner’s Association, though technically untrue, did not violate the FDCPA. The Court’s reasoning was that the bill was charged to the Association – the Collector simply had yet to send the bill to the Association. Therefore, the statement was not a material misrepresentation.

Lesson Learned

If you use a fee collections service, make sure you communicate clearly with the company to ensure that they are using specific and factually accurate information in their collection letters.

Truhn v. EquityExperts.org, LLC, No. 18-12698 (E.D. Mich. Nov. 20, 2019) (unpublished opinion)

Photo of Catarina Colón Catarina Colón

With a background in labor and employment litigation, Catarina helps clients stay in line with employment law, especially in the midst of corporate transactions. Catarina collaborates with clients in the healthcare, financial and manufacturing industries to help them avoid costly labor and employment

…

With a background in labor and employment litigation, Catarina helps clients stay in line with employment law, especially in the midst of corporate transactions. Catarina collaborates with clients in the healthcare, financial and manufacturing industries to help them avoid costly labor and employment litigation and personnel issues. She concentrates much of her practice on the mergers and acquisitions of companies, including asset and stock purchases, with an eye to the myriad of employment issues inherent in corporate transactions.

Read more about Catarina ColónEmailCatarina's Linkedin Profile
Show more Show less
  • Posted in:
    Business and Commercial
  • Blog:
    Association Alert
  • Organization:
    Husch Blackwell LLP

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
  • About LexBlog
  • The Field We Built
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo