Lawsuit: Receivables Performance Management Listed Conflicting Dates in Collection Letter

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A proposed class action lawsuit claims Receivables Performance Management LLC misled a Wisconsin consumer regarding the expiration of the period during which he was permitted to dispute his alleged debt. In November 2017, the plaintiff supposedly received a collection letter from the defendant stating a date of January 27, 2017, in the header and a date of November 15, 2017, on the payment remittance slip. The lawsuit argues that the least sophisticated consumer, upon reading both dates, would be confused as to whether the 30-day period during which he could dispute the debt had already expired.

Furthermore, the letter supposedly implied that the plaintiff’s debt had been past due since January 27, 2017, when, according to a March 2017 cancellation notice sent by the man’s creditor, the amount listed in the letter was not yet due, let alone past due, in January.

All told, the suit claims the misleading “date” listed in the defendant’s letter was meant to confuse the plaintiff regarding his dispute rights and debt amount, an alleged violation of the Fair Debt Collection Practices Act (FDCPA).