WI Consumer Cites Two Collection Notices in FDCPA Lawsuit Against Jefferson Capital Systems

New to ClassAction.org? Read our Newswire Disclaimer

According to a proposed class action lawsuit, Jefferson Capital Systems LLC mailed a Wisconsin consumer two collection notices that violated the Fair Debt Collection Practices Act (FDCPA). The plaintiff claims the first letter he received from the defendant contained language on its backside reading “Notice of Important Information: Consumers have rights including, but not limited to those rights listed below.” Despite this statement, no consumer rights were actually listed by the defendant, the lawsuit says. Instead, the defendant listed information concerning “Restrictive Endorsement/Accord and Satisfaction/Post Dated Checks.”

“Upon information and belief, the purpose of the statement that ‘consumers have rights including, but not limited to those rights listed below’ but then not listing any consumer rights below is to confuse the unsophisticated consumer and induce alleged debtors to call [the defendant’s] offices, whereupon [the defendant] uses high-pressure tactics to induce alleged debtors into playing the debts [the defendant] is collecting,”’ the lawsuit reads.

The plaintiff claims the second letter he received from the defendant, in which Jefferson Capital Systems offered to settle his debt, is misleading and unconscionable with regard to how the debt collector will treat payments consumers make as part of any settlement offer. Though the defendant offers on the first page of the communication a “flexible option” to settle the debt for half of its total balance, the company, on the reverse side of the notice, included fine print regarding “Restrictive Endorsement/Accord and Satisfaction/Post Dated Checks.” The plaintiff argues this fine print is wholly confusing, and that the settlement offers tendered on the first page of the notice directly conflict with the defendant’s “Restrictive Endorsement” terms.