Jefferson Capital Systems, LLC acts as a debt collector for certain lenders. The complaint for this class action alleges, however, that its debt collection letters do not meet all the requirements set forth in the Fair Debt Collection Practices Act (FDCPA), such as the inclusion of a statement identifying it as a debt collector and the letter as an attempt to collect a debt.
The class for this action is
- All persons in the US
- Who were sent a written communication
- Without the required language that “the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose and the failure to disclose in subsequent communications that the communication is from a debt collector”
- In an attempt to recover a consumer debt
- Which was not returned undelivered by the US Postal Service
- Between November 28, 201 and November 28, 2022.
The complaint alleges that Congress found “that abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy. The FDCPA was passed to stop these abusive practices and also to make sure that debt collectors who don’t use abusive practices are not put at a disadvantage.
The plaintiff in this case, William Berry, lives in Nevada. At some point, he allegedly incurred a debt to Exeter Finance, primarily for personal, family, or household purposes. Berry allegedly defaulted on the debt, and the complaint claims that it was assigned or place with Jefferson Capital for collection.
The complaint quotes a June 17, 2022 letter Jefferson Capital sent to Berry as saying, “You are currently in default on your 2009 Land Rover Range Rover Sport. Your account is currently with a local repossession agent who is seeking to repossess your vehicle. We want to offer options to resolve your outstanding obligation and avoid repossession.”
This letter was a communication from Jefferson Capital, but the complaint alleges that it did not fulfill the requirements of the FDCPA for such letters. It says, with a quotation from the FDCPA, “Specifically, [Jefferson Capital’s] June 17, 2022 letter failed to provide [Berry] notice ‘that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose and the failure to disclose in subsequent communications that the communication is from a debt collector…’”
The complaint therefore alleges that the letter “misrepresented and deceived” Berry about his rights under the FDCPA. It asks the court for an award of statutory damages of $1,000 for Berry and each of the members of the class, plus the costs of litigation and reasonable attorneys’ fees, along with any “other relief that this Court deems just and proper.”
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Jefferson Capital Improper Debt Collection Letter FDCPA Complaint
November 28, 2022
Jefferson Capital Systems, LLC acts as a debt collector for certain lenders. The complaint for this class action alleges, however, that its debt collection letters do not meet all the requirements set forth in the Fair Debt Collection Practices Act (FDCPA), such as the inclusion of a statement identifying it as a debt collector and the letter as an attempt to collect a debt.
Jefferson Capital Improper Debt Collection Letter FDCPA ComplaintCase Event History
Jefferson Capital Improper Debt Collection Letter FDCPA Complaint
November 28, 2022
Jefferson Capital Systems, LLC acts as a debt collector for certain lenders. The complaint for this class action alleges, however, that its debt collection letters do not meet all the requirements set forth in the Fair Debt Collection Practices Act (FDCPA), such as the inclusion of a statement identifying it as a debt collector and the letter as an attempt to collect a debt.
Jefferson Capital Improper Debt Collection Letter FDCPA Complaint