Astra Business Services, Cascade Capital Facing FDCPA Suit in Florida

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A proposed class action lawsuit has been filed in Florida federal court against Astra Business Services Private Limited Corp. and Cascade Capital, LLC (which does business as Cascade Capital LLC Series A). The suit alleges that the two debt collectors misled a consumer about her rights under the Fair Debt Collection Practices Act (FDCPA), particularly with regard to her time-barred debt.

According to the complaint, Astra sent the woman a collection letter on Cascade’s behalf that contained the following statement:

“The law limits how long you can be sued on a debt. Because of the age of your debt Cascade Capital LLC Series A cannot sue you for it.”

While the statement itself is accurate, the case claims the letter deceptively neglected to mention that Astra is also not permitted to sue the plaintiff to collect the alleged obligation.

“This statement implies that only Defendant Cascade cannot sue for the debt but the debt collector Astra can, as well as an [sic] subsequent owner of the debt,” the complaint argues.

The lawsuit then points out another allegedly misleading statement contained in the letter:

“Cascade Capital LLC Series A may report or continue to report [the debt] to the credit reporting agencies as unpaid. Under no circumstances will Astra Business Services Private Limited report your debt to any credit reporting agencies.”

The case argues that if one defendant cannot report the debt to credit bureaus, the other should face the same restrictions. According to the lawsuit, this statement was meant to further confuse the plaintiff, as well as discourage her from exercising her debt dispute rights.