Sterling Credit Threatening, Harassing Collections Pennsylvania Class Action

When it passed the Fair Debt Collection Practices Act (FDCPA), Congress said it was responding to “abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors.” This class action brings suit against Sterling Credit Corporation under that law. The complaint alleges after Sterling sent consumers a collection letter asking for a response, only one day later, it sent a threatening, harassing letter because of the lack of response.

Plaintiff David Ferrando allegedly incurred a debt to Freedom Credit Union, primarily for personal, family, or household purposes. At some point, Freedom assigned Sterling to collect the debt.

Sterling then sent Ferrando a collection letter dated July 23, 2019. The letter contained the following statements: “Our client requires this office to make a formal recommendation in regard to your debt noted above. Please send the total outstanding debt balance due or call this office with five (5) days to discuss a resolution to this matter.”

However, the complaint alleges that Sterling did not allow Ferrando time to reply. It sent a letter dated the following day, July 24, containing these statements: “Your continued lack of response to our requests for you to contact this office indicates that you do not want our cooperation in resolving the above debt. Our client wishes to know why you have chosen to evade our efforts to recover this debt.”

It added, “If you call this office today you can expect our full cooperation in resolving this situation. Ignoring this obligation is only delaying the inevitable. You will have to deal with this sooner or later.”

The complaint alleges, “It is harassing to ask a consumer to contact [Sterling] within five days and to send a subsequent letter one day later, describing the consumer’s actions as a “continued lack of response to our requests.” 

Also, it claims that the language in the second letter is “threatening and harassing by describing the consumer as having “chosen to evade our efforts.” It also finds threatening the line saying that “ignoring this obligation is only delaying the inevitable.” This is particularly because of the ominous term, “the inevitable,” it claims, because the consumer has no way of knowing what “the inevitable” means.

The class for this action is

  • All individuals with addresses in Pennsylvania
  • To whom Sterling Credit Corporation sent a collection letter trying to collect a consumer debt and asking for a response from the consumer,
  • And to whom Sterling sent a threatening, harassing letter one day after that first letter because of the lack of a response,
  • Which letter was sent between January 27, 2019 and February 17, 2020.
Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Sterling Credit Threatening, Harassing Collections Pennsylvania Complaint

January 27, 2020

When it passed the Fair Debt Collection Practices Act (FDCPA), Congress said it was responding to “abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors.” This class action brings suit against Sterling Credit Corporation under that law. The complaint alleges after Sterling sent consumers a collection letter asking for a response, only one day later, it sent a threatening, harassing letter because of the lack of response.

sterling_credit_fdcpa_complaint.pdf

Case Event History

Sterling Credit Threatening, Harassing Collections Pennsylvania Complaint

January 27, 2020

When it passed the Fair Debt Collection Practices Act (FDCPA), Congress said it was responding to “abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors.” This class action brings suit against Sterling Credit Corporation under that law. The complaint alleges after Sterling sent consumers a collection letter asking for a response, only one day later, it sent a threatening, harassing letter because of the lack of response.

sterling_credit_fdcpa_complaint.pdf
Tags: FDCPA, Unlawful Debt Collection