Whipple Law, P.A. and MSW Capital, LLC are on the receiving end of a proposed class action that alleges the debt collectors made false threats in a letter sent to a consumer regarding his Sunbelt Credit debt.
Filed in Florida, the suit says that Whipple Law, P.A. sent the plaintiff a letter in January 2018 on behalf of MSW Capital that stated, in part:
"If you fail to contact this office, our client has authorized our attorneys to review this account and determine if a lawsuit should be filed."
The case alleges that this statement was false because one year after mailing the notice, the defendants have yet to bring legal action against the man. Moreover, the suit claims the debt collector was not authorized to practice law in Florida, as its only attorney is licensed in North Carolina.
“Defendants made deceptive and misleading representations when they communicated to Plaintiff that Defendants were intending to imminently sue Plaintiff when, in fact, they were not permitted to sue as a matter of law, in violation of [the Fair Debt Collection Practices Act],” the complaint summarizes.