Tate & Kirlin, Pinnacle Credit Accused of Misleading Woman Regarding Time-Barred Debt

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Tate & Kirlin Associates, Inc. and Pinnacle Credit Services, LLC have been named as defendants in a proposed class action filed by a Georgia woman who alleges the debt collectors miscommunicated her rights regarding her time-barred debt. The plaintiff says she received a collection letter in June 2017 from Tate & Kirlin on Pinnacle’s behalf in which the defendants stated:

The law limits how long you can be sued on a debt. Because of the age of your debt, Pinnacle Credit Services, LLC will not sue you for it.”

The lawsuit argues that the language in the letter subtly implied that Pinnacle Credit had chosen not to sue the plaintiff. In reality, the suit says, neither of the defendants were permitted by law to seek collection of the plaintiff’s debt through litigation. Moreover, the letter was notably silent regarding Tate & Kirlin’s right to sue the plaintiff, the complaint points out, leaving the woman unsure as to what measures the defendants could take to collect on her purported debt.

The lawsuit further argues that the letter was deceptive in that it failed to inform the plaintiff that the statute of limitations on her debt would be renewed if she submitted any payments.