Nationwide Credit Misstated Date Collection Letter Was Sent, Lawsuit Alleges

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Nationwide Credit, Inc. is facing a proposed class action that alleges the second of two debt collection notices it sent to the plaintiff misstated the amount of time between when the letters were mailed – conduct the lawsuit claims is misleading. According to the complaint, the plaintiff’s first notice is dated January 4, 2017, and with the defendant supposedly having sent the second notice on or around February 4. The case claims the first collection notice, however, is dated February 4, 2017, creating a possible conflict with the plaintiff’s Fair Debt Collection Practices Act-provided 30-day validation period.

“The validation period runs from the date that the consumer receives the letter, not when the debt collector mails it,” the lawsuit argues. “Thus, the validation period had not expired when Nationwide sent [the second notice] to [the plaintiff].”

The case then says the plaintiff received a third collection notice mailed by the defendant on or around April 14, 2017 that offered to settle the woman’s debt for $7,366.01 and included a payment schedule should she accept the deal. The lawsuit argues the payment schedule, the stated dates for which end in March 2018, falsely implies the settlement offer is a “limited time offer” for which the plaintiff must make payment immediately.