Dynamic Recovery Solutions, LLC and LVNV Funding, LLC are facing a proposed class action filed by a Texas man who claims the defendants sent him a misleading debt collection letter. The notice, which was sent by Dynamic Recovery on LVNV Funding’s behalf, allegedly stated that because of the age of the plaintiff’s debt, “LVNV Funding, LLC will not sue you for it.”
The suit argues that the defendants’ statements are misleading because they imply that the creditor has simply chosen not to sue the plaintiff instead of being prohibited from doing so by law. Further, the complaint claims the letter was “completely silent” as to whether Dynamic Recovery had the right to file a lawsuit against the man.
Additionally, the case argues that the defendants intentionally failed to inform the plaintiff that the debt’s statute of limitations would be renewed if he submitted any payments, further clouding his understanding of his rights.