A proposed class action filed in California is taking issue with defendant Hunter Warfield, Inc.’s allegedly abusive and unlawful debt collection practices. The complaint, which alleges violations of the Fair Debt Collection Practices Act (FDCPA) and California debt collection law, claims the defendant contacted the plaintiff after the individual reportedly fell behind on payments for an unspecified debt. In its collection notice, the defendant allegedly informed the plaintiff that they had reported or were scheduled to report her debt to one of the three national credit reporting bureaus. The collection notice then stated that a negative credit report may be submitted to the reporting agencies should the plaintiff fail to make payment.
The lawsuit argues the defendant unlawfully threatened to take action against the plaintiff that could not legally be taken and that it had no intention of taking, a violation of the FDCPA.