Class Action: Falcon Recovery Systems Sent Debt Collection Letter Containing False Threats

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A New York woman has filed suit against Falcon Recovery Systems LLC over claims that the defendant sent her a collection letter containing threats it never intended to execute. The defendant's letter allegedly sought to collect a balance of $36.00 and informed the plaintiff that her failure to respond “will be considered a willful evasion and may result in legal collection efforts.” The case claims the least sophisticated consumer would interpret this language to mean the defendant was planning to take legal action when, upon information and belief, the debt collector never intended to file a lawsuit.

Further, the letter allegedly warned that “an interest rate may be charged to all accounts outstanding after 30 days.” The lawsuit argues that the plaintiff’s debt was not subject to interest and that the defendant’s statement was meant to deceptively provide the plaintiff with a financial incentive to pay the debt as soon as possible “or risk owing a higher amount.”