Still charging convenience fees?

Still charging convenience fees?

Better read this from ACA.

4/7/2017 10:00:00 AM

$5.00 Convenience Fee for Credit Card Transaction Violates FDCPA


Fuentes v. AR Resources, Inc., No. 15-7988, 2017 WL 1197814 (D.N.J., March 31, 2017)



Daily Decision

The U.S. District Court for the District of New Jersey held that a debt collector violated the Fair Debt Collection Practices Act when it sent a consumer a debt collection letter that included the following language offering a $5.00 convenience fee for a transaction completed by credit card. The district court concluded that the $5.00 credit card convenience fee was a fee “incidental” to the consumer’s debt, subject to the FDCPA, and the $5.00 credit card convenience fee was not expressly authorized by the agreement governing the consumer’s underlying debt. 

If you wish to pay by credit card, complete the credit card information below, tear off and return in the enclosed envelope. A $5.00 convenience fee should be added to all transactions. No fees applied to mailed checks or money orders.



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