Express Recovery Services Hit with FDCPA Suit
by Erin Shaak
Last Updated on May 8, 2018
McMillan v. Express Recovery Services, Inc. et al
Filed: June 7, 2017 ◆§ 1:17-cv-02096-SCJ-LTW
A Georgia woman has filed a proposed class action lawsuit against Express Recovery Services, Inc. claiming it's letters violated the Fair Debt Collection Practices Act.
Georgia
A Georgia woman has filed a proposed class action lawsuit against Express Recovery Services, Inc. claiming the debt collector violated the Fair Debt Collection Practices Act (FDCPA) in a collection letter it sent to her. The letter supposedly failed to clearly identify the plaintiff’s creditor and left her unsure as to whom the alleged debt was owed. She further claims that the defendant unlawfully threatened to collect extra fees by stating in the letter: “Avoid future interest charges by paying your account in full.” The suit argues that the account was not accruing interest and that the defendant was not permitted to collect it.
Furthermore, the letter also informed the plaintiff that a $5.95 collection fee may be collected for automatic, phone, or online payments, according to the complaint. The plaintiff claims that this fee is unlawful and violates the FDCPA.
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