Lawsuit: Second Round, LP Failed to Disclose Settlement Payment Would Revive Debt’s Statute of Limitations

New to ClassAction.org? Read our Newswire Disclaimer

A Florida consumer has filed a proposed class action in which she claims Second Round, LP mailed her a collection notice that offered to settle a supposed debt without disclosing that payment toward the amount would effectively reset its statute of limitations.

The plaintiff claims she received a letter over a supposed $1,595 obligation for which the case says the woman “bore no legal responsibility” and “could face no legal exposure” by not paying the requested amount. The defendant’s notice allegedly presented the plaintiff two settlement offers: 14 monthly payments of $75, or one payment of $797.50. Not included among the defendant’s settlement offers was a disclosure informing the plaintiff that the statute of limitations on the $1,595 amount would effectively restart should she make full or partial payment, the complaint says.

The defendant’s alleged conduct is characterized in the lawsuit as “false, deceptive or misleading” within the scope of the federal Fair Debt Collection Practices Act (FDCPA).