Suit Alleges FCI Lender Services Tried to Collect Illegal Interest, Late Fees

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A proposed class action citing potential Fair Debt Collection Practices Act (FDCPA) violations alleges FCI Lender Services, Inc. sent the plaintiff a collection notice attempting to collect a time-barred debt of $183,942.08. In its notice, FCI allegedly informed the plaintiff that should he pay the total balance, an adjustment may be necessary later on due to accruing interest and late charges. The issue is that interest was previously waived for the plaintiff’s debt, which means FCI’s collection efforts attempted to recover an illegal interest rate and balance, the complaint argues.

“The Creditor and the previous servicer of the said loan, Real Time Solutions, Inc., took the decisive and unequivocal action to forgot the imposition of interest for strategic business reasons among other reasons,” the case reads, adding that as a result FCI had no standing to retroactively impose interest for the period during which it did not service the plaintiff’s accounts.