Lawsuit Claims Van Ru Credit Corporation Violated Federal, Wisconsin Debt Collection Laws

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Van Ru Credit Corporation finds itself as the defendant in a proposed class action in which the plaintiff claims the debt collector mailed her a notice in which it presented an inadequately explained settlement offer. The plaintiff’s complaint sticks on the following language included in the notice:

“You can settle your account with the above client for less than the full amount you owe.

The balance you owe as of the date of this letter is $462.31. Presently, we are willing to accept $277.39 to settle your account, provided that you act promptly. We are not obligated to renew this offer.”

At issue, the lawsuit says, is the defendant’s failure to define how soon “promptly” actually is, as well as to provide a settlement expiration date with regard to its statement that the company is “not obligated to renew this offer.”

“The term ‘promptly’ could have any number of meanings,” the case argues. “For example, ‘promptly’ may mean a few days to one person and several months to another.”

Such statements, the plaintiff asserts, could lead the unsophisticated consumer to mistakenly believe the defendant could, and would, rescind the settlement offer at any time without notice. Moreover, the defendant’s inclusion of the above-discussed language may, to the unsophisticated consumer, come across as an implied threat.