Evergreen Billing Specialists Illegally Threatens Alleged Debtors, Suit Says

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Audit & Adjustment Company, Inc. (which does business as Evergreen Billing Specialists) is facing a proposed class action alleging it violated the Fair Debt Collection Practices Act (FDCPA). The plaintiff says she received a collection letter from the defendant stating, in part:

“CellNetix Pathology has contracted Evergreen Billing Specialists to send you a final notice on your account before sending it to an outside collection agency. Your account has not been reported to any credit reporting agency.”

The letter continued by informing the plaintiff she had 25 days before her account would be assigned to “AUDIT & ADJUSTMENT COMPANY” for collection, according to the complaint. The suit claims the letter is misleading because it implies to the plaintiff that Evergreen Billing Specialists is not “an outside collection agency” while Audit & Adjustment Company is, and that her failure to pay the debt would lead to negative reporting consequences. From the complaint:

“Defendant’s collection letter thus contained a thinly veiled threat that the Plaintiff’s debt was not yet reported to a credit reporting agency, but would be once an outside collection agency was involved, all in an attempt to pressure the Plaintiff into paying this debt.”

In reality, the case argues, Evergreen Billing is just one branch of Audit & Adjustment Company. It further claims that the threat of negative credit reporting was also false because the defendant had already reported the plaintiff’s alleged debt nearly a year earlier.