Lawsuit Filed Against Asset Recovery Solutions Over ‘Misleading’ Debt Balance
by Nadia Abbas
Last Updated on July 24, 2018
Cruz, Individually And on Behalf of All Others Similarly Situated v. Asset Recovery Solutions Llc et al
Filed: July 12, 2018 ◆§ 1:18cv6343
A proposed class action has been filed against Asset Recovery Solutions for allegedly making a phony “threat” to increase interest on a consumer’s debt.
New York
A proposed class action has been filed against Asset Recovery Solutions LLC for allegedly making a phony “threat” to increase interest on a consumer’s debt. The plaintiff, who purportedly owed a debt to First Premier Bank, received a collection letter from the defendant in September 2017 that contained the following statement:
“The account balance may periodically increase due to the addition of accrued interest as provided in your agreement with the original creditor or as otherwise provided by law.”
The lawsuit argues that the above language is deceptive and misleading, as the defendant was aware that the balance of the plaintiff’s debt would not increase. As such, the letter violates the Fair Debt Collection Practices Act. The case also argues that the letter unlawfully overshadowed the plaintiff’s right to dispute her debt and attempted to “coerce” immediate payment by manufacturing a sense of urgency through the “threat” of an increasing debt balance.
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