Georgia Consumer Files FDCPA Suit Against Three Debt Collectors

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Rubin Lublin LLC, Deutsche Bank National Trust Company, and Franklin Credit Management Corp. are the defendants in a Georgia consumer’s lawsuit that charges the entities violated the Fair Debt Collection Practices Act (FDCPA) while attempting to collect on the man’s time-barred debt.

According to the case, the defendants sent the plaintiff a letter in August 2017 regarding a 2006 debt incurred to LoanCity. The suit claims the letter “completely misstates” the man’s rights in that the companies falsely advised that any dispute must be made in writing. The lawsuit goes on to say the notice then stated, in part:

“This matter warrants your immediate attention as Deutsche Bank is prepared to take prompt legal action to collect these sums due.”

This statement, the suit alleges, misled the plaintiff in that it failed to note that the six-year statute of limitations on the debt had expired, meaning no party was legally able to sue him over the debt. Moreover, the suit alleges this “false threat” is a tactic used by the defendants to coerce the plaintiff into waiving his rights and making a payment, a charge coupled with the suit’s claim that the companies purposefully omitted that any payment would renew the debt’s statute of limitations.

The case goes on to claim the defendants further overshadowed the plaintiff’s rights by demanding payment within 10 days of receipt of the notice. From the complaint:

“Requiring payment before the consumer’s 30-day G-Notice rights have expired overshadows the consumer’s rights leading him to believe he only had 10 days to pay the debt when, in fact, he had 30 days to exercise his rights under the FDCPA.”