FBCS, LVNV Funding Facing Lawsuit Over Claims Plaintiff’s Debt Would Increase

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A Pennsylvania consumer alleges in a proposed class action case that FBCS., Inc. mailed her a collection letter on behalf of co-defendant LVNV Funding, LLC that deceptively implied the woman’s balance may increase. The lawsuit centers on the following language allegedly included by the defendants in the plaintiff’s notice:

As of the date of this letter, you owe $2,458.64. Because of interest, late charges, and/or other charges that may vary from day to day, the amount due on the day you pay may be greater. Hence, if you pay the amount shown above, an adjustment may be necessary after we receive your check, in which event we will inform you before depositing the check for collection."

Despite supposedly being aware the plaintiff’s $2,458.64 balance will not vary, the defendants nonetheless included the above language, which the lawsuit claims amounts to “a deceptive collection tactic to intimidate and coerce the consumer into paying immediately.” Further, the suit alleges the threat of a balance increase is “materially misleading” and pressures a consumer not to exercise his or her FDCPA rights.