Two Plaintiffs Claim State Collection Service Overstepped FDCPA

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Two Wisconsin consumers allege in a proposed class action that State Collection Service Inc. transgressed the Fair Debt Collection Practices Act (FDCPA) in its attempts to collect on debts supposedly owed by the individuals for medical services performed between 2014 and 2016.

One plaintiff’s allegations stem from medical services performed back in October 2014. According to the lawsuit, the defendant mailed the plaintiff a collection letter in June 2016 over a supposed debt of $143.90 and mailed another notice in January 2017 over the same obligation that listed a lower account balance of $136.53. The plaintiff asserts she was confused and misled by State Collection Service’s communications, as she claims no payment was made to her medical service provider for her account.

The plaintiff then claims she received third collection notice for medical services received on June 13 and 29, 2016, that listed her total balance due as $30. A fourth collection notice the woman received over these obligations in December 2016—just four days after she received the third letter, the complaint says—claimed her balance was “SERIOUSLY DELINQUENT.” The plaintiff argues the rapid succession in which she received these notices left her unsure as to whether the FDCPA-defined validation period had lapsed on her debts.

The second plaintiff named in the lawsuit alleges State Collection Service mailed her a notice in February 2017 in which it attempted to collect on a time-barred debt past its six-year statute of limitations in violation of Wisconsin law.