Make Sure Debt Itemization Adds Up, According to District of Connecticut

If a debt collector’s letter includes an itemization of the balance, the debt collector better have procedures in place to ensure it adds up, according to the District of Connecticut in Garcia v. Law Offices of Howard Lee Schiff, No. 3:16-cv-791 (D. Conn. Dec. 14, 2018).

Factual and Procedural Background

The Law Offices of Howard Lee Schiff (Schiff) sent a collection letter to plaintiff on an account owned by Midland Funding, LLC. The letter indicated that the current balance is $565.46. However, the letter also stated that the balance at charge off was $663.94 and contained no explanation for the discrepancy between the two numbers. The debt itemization in the letter listed no interest or charges were accrued since charge off nor were any payments made. Evidence presented showed that Schiff’s programmer inadvertently failed to include payments that plaintiff made to Midland when putting together the automation of the letter content.

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