FDCPA Suit Filed in Wisconsin Against Two Debt Collectors
by Nadia Abbas
Last Updated on July 19, 2018
Autry et al v. Jefferson Capital Systems Llc et al
Filed: July 13, 2018 ◆§ 1:18cv1078
Jefferson Capital Systems LLC and Rausch, Sturm, Israel, Enerson & Hornik, LLC are on the receiving end of a proposed class action over 'misleading' collection letters.
Wisconsin
Jefferson Capital Systems LLC and Rausch, Sturm, Israel, Enerson & Hornik, LLC are on the receiving end of a proposed class action alleging Fair Debt Collection Practices Act (FDCPA) violations. The plaintiffs claim they received misleading collection letters from the defendants that contained the following statement:
“You are in default…You may cure the default on or before [a specified date], by paying the sum of [specified amount] to [defendants].”
The lawsuit argues that this language is deceptive in that the debt would have remained in default after the requested payments were made. The case further argues that the letters misled the plaintiffs by giving off the impression that they were from an attorney when no licensed attorney was actually involved in the drafting or mailing of the letters. In sum, the defendants violated the FDCPA by “using false, deceptive, and misleading representations” and “using unfair or unconscionable means to attempt to collect a debt,” the lawsuit claims.
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