Florida Woman Hits Three Debt Collectors with Class Action

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A Palm Beach County, Florida woman is the plaintiff in a proposed class action filed against Northland Group LLC, Cavalry Investments, LLC, and Cavalry Portfolio Services, LLC over alleged abuses of the Fair Debt Collection Practices Act (FDCPA).

According to the complaint, Northland sent a demand letter to the plaintiff over a debt supposedly owed to Cavalry Investments on behalf Cavalry Portfolio Services. The demand letter allegedly included language stating: “The law limits how long you can be sued on a debt. Because of the age of your debt, our client will not sue you for it.”

The plaintiff claims the above language falls out of compliance with the FDCPA because it deliberately fails to note that the debt was time-barred and that the creditor, by law, could not sue to recover the debt. Essentially, the case claims, the defendant positioned itself, through the above language, as if it was voluntarily choosing not to sue to collect the plaintiff’s alleged debts.

“The phrase does not state that the debt cannot be collected because the applicable statute of limitations has expired, making the filing of a lawsuit to collect the debt time barred,” the case argues.