MRS BPO Sued Over Allegedly ‘Deceptive’ Collection Letter
by Nadia Abbas
Last Updated on August 1, 2018
Jermany v. Mrs Bpo, Llc
Filed: July 11, 2018 ◆§ 1:18cv3982
A proposed class action has been filed against MRS BPO alleging the debt collector violated the FDCPA by sending a “deceptive” letter to a New York consumer.
A proposed class action has been filed against MRS BPO, LLC alleging the debt collector violated the Fair Debt Collection Practices Act (FDCPA) by sending a “deceptive” letter to a New York consumer.
According to the complaint, the plaintiff received a collection notice from the defendant in July 2017 regarding an alleged debt owed to Chase Bank USA. The lawsuit takes issue with the following statement in the disputed letter:
“If we settle this debt with you for less than the full outstanding balance, Chase may offer you less favorable terms in the future for some Chase products or services, or may deny your application.”
This language violated the FDCPA, the lawsuit argues, as it “implied that if the Plaintiff does the converse -- that is, pays the claimed balance in full rather than agreeing to the lesser settlement amount -- Plaintiff could enhance her likelihood of receiving future credit products from Chase Bank or improve her overall creditworthiness.” The suit claims, however, that a full payment would not impact the plaintiff’s likelihood of receiving Chase services in the future, making the letter’s statement unlawfully “misleading and deceptive” to the “least sophisticated consumer.”
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