Alltran Financial, LP is facing a proposed class action filed by two named plaintiffs who claim they received collection letters from the defendant that failed to adhere to the requirements of the Fair Debt Collection Practices Act.
Alltran Financial, LP is facing a proposed class action filed by two named plaintiffs who claim they received collection letters from the defendant that failed to adhere to the requirements of the Fair Debt Collection Practices Act (FDCPA) and Wisconsin state law.
Alltran supposedly mailed the first plaintiff a letter that stated the amount he purportedly owed “as of November 9, 2017” and instructed him to contact the debt collector for “further information about [his] balance.” This language, the case argues, implied that the plaintiff’s balance could increase without explicitly stating whether it was subject to interest – a deceptive tactic prohibited by the FDCPA, the suit says.
Further, the lawsuit takes issue with the defendant’s alleged demand that the plaintiff call for more information, deeming it an unlawful attempt to subject him to “aggressive, high-pressure collection tactics” over the phone.
The second plaintiff says she received two collection letters from the defendant that stated an amount in excess of the account balance listed on her creditor’s most recent statement. According to the lawsuit, the woman’s creditor added illegal late fees to the account after it was charged off and could no longer accrue additional charges. The case alleges the defendant, therefore, demanded an amount it was “not legally entitled to collect.”
Lastly, the second plaintiff says one of the collection letters included a settlement offer that specified she was to submit three separate payments. The woman claims the payments confusingly didn’t add up to the total listed in the notice and were therefore misleading.