FDCPA Suit Filed Against New Britain Financial Services Over ‘False’ Threat

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New Britain Financial Services, LLC is on the receiving end of a proposed class action lawsuit that claims the defendant sent a consumer a collection letter that contained a false threat in violation of the Fair Debt Collection Practices Act. According to the complaint, the letter stated the following:

“Because you have refused to address this debt despite being given every opportunity to do so, be advised that as of September 16, 2016 if you have not accepted our terms and conditions, we will have exhausted all voluntary methods of resolution…This will be your final opportunity to resolve this matter without the expense of additional interest and/or penalties.”

The suit claims that despite its threat, the defendant never proceeded with its “involuntary” debt collection methods, which the complaint says would involve a lawsuit or garnishment of wages. In fact, the case argues, the defendant was not authorized to file a lawsuit against the plaintiff because the alleged debt was time-barred. The language in the debt collector’s letter, according to the complaint, was therefore “false, deceptive and misleading.”