Second Round, LP Up Against FDCPA Class Action

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From the Milwaukee Division of Wisconsin district court comes a proposed class action that alleges Second Round, LP, violated the Fair Debt Collection Practices Act (FDCPA) in its communications with the plaintiff and proposed class members. The lawsuit claims specifically that Second Round made the plaintiff an offer to settle a debt that included the below language, which the lawsuit argues may be confusing to the unsophisticated consumer:

“If you are unable to pay the balance in full at this time, we will accept a settlement to resolve the account as follows.”

The complaint claims the defendant’s collection notice may be confusing because, coupled with the plaintiff’s right to demand verification of the debt within 30 days, it fails to explain how the individual can both seek verification of the debt and preserve the settlement offer.