A proposed class action has been filed in Georgia against Asset Recovery Solutions, LLC and Jefferson Capital Systems, LLC in which the plaintiff claims she was on the receiving end of some unsavory debt collection activities. The suit concerns a collection notice the plaintiff received in June 2017 in which the defendants allegedly offered the woman an option to settle her supposed balance. According to the case, the letter stated, in part:
“Should you choose not to accept this offer, the account balance may periodically increase due to the addition of accrued interest as provided in your agreement with the original creditor or as otherwise provided by law.”
The defendants are aware that the plaintiff’s balance will not increase at all in the course of collection activities, the lawsuit charges, yet included the above language in their communication to coerce the woman into making payment immediately.
“Stating that the account may accrue interest and other charges is materially misleading to [the plaintiff] since it … is a knowingly false statement,” the lawsuit reads, characterizing the defendants’ alleged conduct as “deceptive” in the scope of the Fair Debt Collection Practices Act (FDCPA).