An Arkansas consumer has filed a proposed class action against Action Revenue Recovery, LLC that accuses the debt collector of Fair Debt Collection Practices Act (FDCPA) violations.
The plaintiff alleges that she received an e-mail from the defendant in June 2018 with an attached letter attempting to collect a debt for medical services received in 2010, 2011, and 2012. The lawsuit claims that the letter did not meaningfully state the current creditor and failed to inform the plaintiff that the debt was beyond the statute of limitations.
“The State of Arkansas sets a two year statute of limitation for initiating an action based on medical services,” the complaint reads, “Therefore, the Debt was beyond the statute of limitations and Defendant could take no legal action to collect it.”
As such, the suit argues that the letter was “deceptive.” If the plaintiff made a payment, she would risk “losing the protection of the statue of limitations” by renewing the debt, the lawsuit says.
The plaintiff alleges that four days after receiving the letter, she received a phone call from the defendant, who claimed to be making a courtesy call before the debt went into “pre-legal status.” The lawsuit argues that the language used in the phone call gave the impression that the debt was “legally enforceable” when it was not.
The suit argues that the defendant’s letter and phone call violated the FDCPA by using deceptive language regarding the legal status of the debt and the plaintiff’s rights.