FDCPA Class Action Filed Against National Enterprise Systems

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Debt collection group National Enterprise Systems, Inc. is the defendant in a proposed class action out of Wisconsin claiming it violated the Fair Debt Collection Practices Act (FDCPA) in its communications with proposed class members. According to the complaint, the defendant allegedly sent the plaintiff a “confusing and misleading” collection notice that, while providing the plaintiff with a settlement offer, failed to clearly state how much the plaintiff would have to pay in order to effectuate said settlement offer. The plaintiff, the lawsuit argues, and proposed class members would have no way of knowing whether an amount paid would be treated by the defendants and original debtor as an actual settlement.

“[The defendant’s] language leaves open the possibility that the consumer will make a settlement payment, only to be informed that the offer is insufficient and [the defendant] will continue to collect on the remaining balance,” the lawsuit says.