Class Action Claims Credit Control Violated FDCPA

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From New Jersey court comes a proposed class action that alleges defendant Credit Control, LLC should be held responsible for damages arising from alleged violations of the Fair Debt Collection Practices Act (FDCPA). The lawsuit claims the defendant attempted to collect alleged debts from consumers that were already charged off prior to the date posted on collection notices.

The complaint claims that even though interest and/or late fees were not being charged, the defendant included the below language in collection notices sent to consumers:

“Because of interest, late charges and other charges that may be assessed by your creditor that vary from day to day, the amount due on the day you pay, may be greater, this, if you pay the total amount shown above, an adjustment may be necessary after we receive your check, in which event we will inform you.”

The plaintiff’s defaulted debt, from which the above allegations stem, was reportedly owed to Kohl’s. The lawsuit argues that it is against the FDCPA for a debt collector to use deceptive or misleading language or threaten to take any action that cannot be legally taken or that the party does not intend to take when attempting to collect a debt.