AmSher Collection Services Sued Over Debt Settlement Deadline
by Erin Shaak
Last Updated on May 8, 2018
Nolet v. AmSher Collection Services, Inc.
Filed: November 28, 2017 ◆§ 2:17-cv-01657
A proposed class action has been filed against AmSher Collection Services, Inc. over claims that the defendant sent a collection letter that contained an illegal settlement offer deadline.
Wisconsin
A Wisconsin consumer has filed suit against AmSher Collection Services, Inc. over a collection letter that allegedly violated the Fair Debt Collection Practices Act (FDCPA). According to the complaint, the letter informed the plaintiff of a 30-day validation period during which she could dispute the debt or request validation. The notice also included a settlement offer, the suit says, and demanded that the plaintiff pay the settlement amount by 04/29/2017 in order to take advantage of the offer.
The case argues that the settlement deadline was set only a few days after the 30-day validation period ended, meaning if the plaintiff intended to exercise her validation rights, she would most likely miss her opportunity to settle the account. “The unsophisticated consumer would have no idea how to both seek verification of the debt and preserve the settlement offer,” the complaint reads, adding that the defendant’s deadline was meant to discourage the plaintiff from exercising her FDCPA rights.
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