Penn Credit Corporation Facing FDCPA Lawsuit

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Penn Credit Corporation is the defendant in a proposed class action filed in Virginia over alleged violations of the Fair Debt Collection Practices Act (FDCPA). The plaintiff claims he was sent collection notices by the defendant that listed 21 debts allegedly owed to the Virginia Department of Taxation. One of the listed debts was reportedly owed by the plaintiff for Virginia’s state income tax, which the lawsuit says was assessed more than seven years prior to the date on the collection notices. The plaintiff argues he does not owe the Virginia individual income tax debt because collection of the debt was time barred by the state’s seven-year statute of limitations.

The lawsuit claims the defendant regularly attempts to collect Virginia residents’ time-barred income tax debts despite being aware of the seven-year statute of limitations. This behavior, the case continues, is a violation of the FDCPA because it could mislead the least sophisticated consumer into believing the defendant and the Virginia Department of Taxation still have the right to collect the time-barred debt.