The Langel Firm recently sued[1] Eltman, Eltman & Cooper for violating the Fair Debt Collection Practices Act ("FDCPA") for its use of an "Asset Investigation Letter" as a collection device seeking payment on a judgment obtained by Midland Credit Management through different counsel, Cohen & Slamowitz, LLP. The letter, we argue, misidentifies the creditor as "MRC Receivables," creates a false sense of urgency, and fails to contain the required validation disclosure notices required under FDCPA §1692g.
We also challenge as unfair the common debt collection litigation practice of replacing attorneys of record for purposes of judgment enforcement without substituting counsel or otherwise officially appearing in the action, and failing to give notice to the judgment debtor. This tactic has the effect of misleading the "least sophisticated consumer" as to whom she should contact to address the judgment.