Dynamic Recovery Solutions, LLC and LVNV Funding, LLC are on the receiving end of a proposed class action that takes issue with an allegedly misleading settlement offer made to a Texas consumer.
According to the lawsuit, the defendants sent the plaintiff a collection letter in which the agencies presented the man with three options to settle his purported debt. The second option, the case explains, allowed the plaintiff to resolve the account for $933.09 to be paid in two installments of $466.55 each. The suit argues that the two payments add up to $933.10, which is higher than the settlement amount offered, though the difference is only one cent.
“However,” the complaint reads, “no matter how small the amount is, Defendant is simply not entitled to collect an amount different than that of the statement settlement offer as it is a false statement and is misleading to the consumer.”
The lawsuit adds that the defendants are prohibited by law from demanding an amount “greater than allowed under the proposed offer.”