An Ohio consumer has filed a proposed class action against Lyons, Doughty & Veldhuis, P.C. that claims the debt collector engaged in a “deceptive collection tactic” by sending the plaintiff a letter that misrepresented his debt balance.
According to the lawsuit, the plaintiff received a collection notice from the defendant on September 15, 2017 regarding a debt owed to Capital One Bank. The letter stated, in part:
“The balance as of the date of this letter is $4,191.33. Although interest is not accruing on your account, your balance may increase in the failure [sic] due to other charges allowed by our agreement and/or by law.”
The lawsuit alleges that this language was “confusing” to the plaintiff since the balance would not, in fact, be subject to any increase.
“The threat of a balance increase overshadows the ‘g-notice’ language and coerces the consumer not to exert her rights under the Fair Debt Collection Practices Act,” the suit argues.