Nationwide Credit, Inc. is facing a proposed class action lawsuit that takes issue with allegedly misleading language the plaintiff claims the defendant included in a collection letter. Specifically, the case says the debt collector aimed to effectively coerce the plaintiff into paying off the supposed obligation immediately—a potential violation of the Fair Debt Collection Practices Act (FDCPA).
According to the lawsuit, the defendant’s collection letter stated the plaintiff’s “Account Balance as of the date of this letter,” implying that the amount was subject to change.
“In other words,” the complaint suggests, “the said language implies that as of the date of the said letter, the Plaintiff owes $48,147.94, and that the balance may change as interest or other charges may be added to the balance owed in the future.”
The letter also included an itemized list of charges displaying that no interest or fees had been added to the debt since its charge off, however, indicating that the plaintiff’s balance would never increase due to additional incurred fees, the suit says. The lawsuit claims the defendant’s letter was deceptive in that it failed to clearly communicate the plaintiff’s amount of debt and falsely implied that payment “sooner rather than later” would benefit him.