A Tennessee consumer has filed suit against Hunter Warfield claiming the debt collector sent her a misleading letter in violation of the Fair Debt Collection Practices Act (FDCPA). The letter allegedly contained a list of charges indicating that the woman’s “interest” on her debt equaled “$0.00.” Further down in the notice, however, the defendant supposedly included the following statement:
“Because interest continues to accrue on your account, the amount due on the day that you pay may be greater than the balance due set forth above.”
The complaint argues that this statement directly contradicted the letter’s earlier disclosure regarding interest and was “materially misleading” and false.
“Because Defendant is aware that during the collection of this debt the balance will not vary at all, stating that it may increase is a deceptive collection tactic to get the consumer to pay immediately,” the suit reads.