Williams Rush & Associates is the defendant in a proposed class action that accuses the debt collector of violating provisions of the Fair Debt Collection Practices Act (FDCPA). According to the case, the defendant sent a collection letter to a Texas resident regarding a debt allegedly owed to Everest Ft. Worth. The October 2017 letter supposedly informed the plaintiff that if she accepted the included settlement offer, her new account balance of zero “can be submitted for a credit report deletion,” which would result in an increased credit score. Despite these assurances, the suit argues that the defendant’s letter was “completely false,” noting that a consumer’s credit score depends on his or her “current credit portfolio” and isn’t under the debt collector’s control.
"While the credit score may increase it also may not depending on the consumer's current credit portfolio," the suit explains.
Furthermore, the lawsuit argues that the letter “is contradictory in a deceptive manner” in that it doesn’t clearly specify whether the account will be marked as “settled” or “deleted” following acceptance of the settlement offer. The case argues that the defendant’s “deceptive” statements were made with the “sole purpose of coercing [the plaintiff] to pay the debt.”