A Wisconsin consumer has filed a proposed class action against National Credit Adjusters, LLC claiming that the company violated the Fair Debt Collection Practices Act (FDCPA) by sending him a collection letter containing misleading language.
According to the lawsuit, the plaintiff’s debt to Cash Central was purchased by a third party, Reviver Financial, LLC, who then retained the collection services of the defendant. The defendant allegedly sent the plaintiff several letters containing the following statement:
“This letter is to confirm that you and National Credit Adjusters were not able to agree to a payment plan arrangement on the account referenced above during out most recent communication.”
The complaint alleges that the defendant and plaintiff never engaged in the communication referenced in the letter. Further, the suit claims that National Credit Adjusters sent the letter knowing that no communication took place in an attempt to induce the plaintiff into making a payment or calling the defendant.
As such, the lawsuit argues that the letters contain false information that caused the plaintiff “anxiety, concern, fear and worry that someone other than himself was communicating about his alleged debt.” By sending letters that were “objectively confusing, false, and misleading to an unsophisticated consumer,” the defendant violated the FDCPA, the suit argues.