Reference no: EM131390782
Lenvil Miller owed $2,501.61 to the Star Bank of Cincinnati. Star Bank referred collection of Miller's account to Payco-General American Credits, Inc. (Payco), a debt collection agency. Payco sent Miller a collection form. Across the top of the form was the caption, ‘‘DEMAND FOR PAYMENT,'' in large, red, boldface type. The middle of the page stated ‘‘THIS IS A DEMAND FOR IMMEDIATE FULL PAYMENT OF YOUR DEBT,'' also in large, red, boldface type. That statement was followed in bold by ‘‘YOUR SERIOUSLY PAST DUE ACCOUNT HAS BEEN GIVEN TO US FOR IMMEDIATE ACTION. YOU HAVE HAD AMPLE TIME TO PAY YOUR DEBT, BUT YOU HAVE NOT. IF THERE IS A VALID REASON, PHONE US AT [***] TODAY. IF NOT, PAY US-NOW.'' The word ‘‘NOW'' covered the bottom third of the form.
At the very bottom in the smallest type to appear on the form was the statement, ‘‘NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION.'' The notice was printed in white against a red background. On the reverse side were four paragraphs in gray ink. The last three paragraphs contained the validation notice required by the Fair Debt Collection Practices Act (FDCPA) to inform the consumer how to obtain verification of the debt.
Miller sued Payco on the ground that the validation notice did not comply with the FDCPA. Miller argued that even though the validation notice contained all the necessary information, it violated the FDCPA because it contradicted other parts of the collection letter, was overshadowed by the demands for payment, and was not effectively conveyed to the consumer. Discuss whether Payco has violated the FDCPA.
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