FDCPA Lawsuit Filed Against Trident Asset Management, Client

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Trident Asset Management, LLC and OPS 9, LLC are the defendants in a proposed class action lawsuit that alleges violations of the Fair Debt Collection Practices Act. The plaintiff claims Trident sent her a debt collection letter containing the following sentence: “This collection agency is licensed by the Division of Banking in the Wisconsin Department of Financial Institutions, www.wdfi.org.” According to the suit, this language implies that Trident holds a Wisconsin Collection Agency License and is therefore “approved by the state.” The complaint argues that the defendant is not, in fact, licensed in the state of Wisconsin, and that this false implication “enhances” the debt collector’s “legitimacy and power” in the mind of the unsophisticated consumer.

The lawsuit further claims that the collection letter was sent to the plaintiff after the six-year statute of limitations had expired on the alleged debt. The defaulted check was dated October 4, 2010, and the collection letter was mailed on or around January 16, 2017, according to the complaint. Therefore, the plaintiff accuses the defendants of attempting to collect on “time-barred” debts that “no longer exist” under the laws of Wisconsin.