A proposed class action has been filed in Florida against Business Revenue Systems, Inc. by a consumer who claims a collection notice he received from the company failed to state his current creditor. Though the notice in question reportedly made reference to a “client” of the defendant, it violated Fair Debt Collection Practices Act (FDCPA) regulations in failing to clearly identify a current creditor to whom payment is owed, the suit says.
The lawsuit’s second count centers on an allegedly false statement made by the defendant with regard to the plaintiff’s right to avoid further collection activity. The case says the defendant’s statement in the notice that the plaintiff “can avoid all further collection activities by remitting payment in full” was false and misleading in that there are other ways for a consumer to avoid being subject to collection practices other than paying off a debt.
“[The defendant] misrepresents the law and effectively threatens consumers with further collection efforts unless payment is tendered and simultaneously represents that payment is the only way to stop such efforts,” the suit argues.