Lawsuit Claims Receivables Performance Management Effectively Made False Threat

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A proposed class action alleging Fair Debt Collection Practices Act (FDCPA) violations claims Receivable Performance Management mailed the plaintiff a collection notice in which it effectively made a threat to take legal action against the woman that it had no true intention of taking.

In its notice, the defendant reportedly offered to settle the plaintiff’s debt for 60 percent of the total owed so long as payment was received before a certain date. The lawsuit argues placing a due date on the settlement offer is tantamount to “a threat to take action that [the defendant] does not intend to take,” since it is authorized to accept the lower settlement amount at any time.