ProCollect Confusing 50% Debt Collection Offer Texas FDCPA Class Action

The complaint for this class action claims that the debt collection letter sent by ProCollect, Inc. is confusing and thus violates the Fair Debt Collection Practices Act (FDCPA). If the letter is half as confusing as the complaint discussing it, it must surely violate some standard of clarity.

The class for this action is

  • All individuals living in Texas
  • Who were sent an “offer to settle letter” by ProCollect
  • That harasses the debtor for payment of a debt on which the balance is $0.00,
  • That deceptively offers to settle for 50% of the full balance but states that the amount owed is the full balance,
  • Which letter was sent between June 11, 2017 and July 2, 2018.

Plaintiff Ronnie Young allegedly incurred a debt with the Center for Assisted Reproduction (COAR). The debt concerned medical services for personal, family, or household purposes. At some point, the complaint says, COAR asked ProCollect to collect the debt.

On or around July 4, 2017, ProCollect sent Young a collection letter for this alleged debt, offering to settle it for 50% of the amount owed.

According to the complaint, the letter showed a balance of $0.00 but was attempting to settle with him for $7.50. According to the complaint, “The attempt to collect an unowed debt from Plaintiff is a harassing communication from a debt collector.”

The complaint quotes the letter as saying, “ProCollect will delete your account from your credit report and reduce the balance by 50% if payment of $7.50 is received in our office no later than 8/4/2017.

The complaint then states that “the statement is deceiving and misleading on its face as Defendant’s offered ‘Settlement Amount’ is not a reduced offer of settlement, but merely payment in full.”

Again, the complaint says, “Defendant’s letter is also a deceptive tactic to coerce a payment from Defendant on debt for which he doesn’t owe.” (Presumably the complaint means a payment from the plaintiff?)

The complaint adds that the “expiring offer is deceiving and misleading on its face as the Plaintiff is entitled to always make a payment in full, even beyond the stated fourteen day ‘offer’.”

Certainly, there is some confusion inspired by the letter. The complaint claims that the letter “falsely and deceptively mischaracterized the legal status of the debt allegedly owed” in violation of the FDCPA.

One hopes the judge can figure it out. 

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

ProCollect Confusing 50% Debt Collection Offer Texas FDCPA Complaint

June 11, 2018

The complaint for this class action claims that the debt collection letter sent by ProCollect, Inc. is confusing and thus violates the Fair Debt Collection Practices Act (FDCPA). If the letter is half as confusing as the complaint discussing it, it must surely violate some standard of clarity. The complaint asserts that the debt balance is quoted as $0.00, the 50% offer is set at $7.50, and that the $7.50 is actually the full amount of the debt. 

procollect_fdcpa_complaint.pdf

Case Event History

ProCollect Confusing 50% Debt Collection Offer Texas FDCPA Complaint

June 11, 2018

The complaint for this class action claims that the debt collection letter sent by ProCollect, Inc. is confusing and thus violates the Fair Debt Collection Practices Act (FDCPA). If the letter is half as confusing as the complaint discussing it, it must surely violate some standard of clarity. The complaint asserts that the debt balance is quoted as $0.00, the 50% offer is set at $7.50, and that the $7.50 is actually the full amount of the debt. 

procollect_fdcpa_complaint.pdf
Tags: Attempting to Collect a Debt Not Owed, FDCPA, False Representation of Debt Amount, Misleading or Confusing Debt Collection Letter