Consumer Sues CPA Over Allegedly Misleading, Aggressive Collection Notice

New to ClassAction.org? Read our Newswire Disclaimer

Credit Protection Association, L.P. (CPA) is the defendant in a proposed class action claiming the debt collector violated the Fair Debt Collection Practices Act (FDCPA) by sending a Texas consumer a misleading letter.

According to the complaint, the letter contained aggressive language that aimed to manipulate the consumer into making payment. The notice allegedly stated, in part (emphasis in complaint):

“It has been 5 months since your account has been turned over for collections and we can’t understand why this has not been paid.”

The suit argues that as a debt collector, the defendant should be aware of reasons why a consumer may not make a payment and, by including this statement, only intended to threaten and demean the plaintiff. The complaint attempts to further illustrate the letter’s allegedly aggressive language by listing the following additional statements included in the letter:

“Ignoring this debt will not make collection efforts stop.”
“The amount listed below is STILL outstanding and requires your immediate attention.”
“ALWAYS PROTECT YOUR CREDIT RATING.” 

The case argues that these statements were “clearly veiled threats used as a pressure tactic” aimed to scare the consumer into making payment. The defendant meant to “harass, oppress, or abuse” the plaintiff rather than providing her with accurate information about her debt, such as the identity of her creditor and possible further collection efforts, the suit claims.

“[The letter] is deceptive and misleading as it failed to accurately describe the potential outcomes of paying or not paying the alleged debt,” the complaint reads, adding that these practices are violations of the FDCPA.