Illinois Debtor Alleges Collection Agency Violated FDCPA Laws

A new lawsuit alleges that a collections agency has violated Illinois laws and FDCPA laws.

According to the materials filed in the FDCPA laws legal claim, there is a legally defined right for the plaintiff to have all communications that are brought forward by a debt collector free from false threats and misrepresentation.

According to the FDCPA laws claim, the defendant, Cavalry Portfolio Services, sent a collection letter to plaintiff Alexander L. that included an inaccurate and false expiration date for an offer of settlement.

Allegedly, the plaintiff suffered injury because of the defendant’s conduct and she claims that this is a violation of FDCPA laws.

The plaintiff is a resident of the state of Illinois and the FDCPA laws legal claim paperwork filed with the case claims that the defendant tried to collect a delinquent consumer debt that was owed associated with a consumer credit account.

The FDCPA laws legal claim further explains that the plaintiff is a consumer as defined in the laws of the FDCPA. Cavalry is a collection agency using the telephone and mail to collect consumer debts that were originally owed to others.

A collection agency license is held by Cavalry in the state of Illinois. The FDCPA laws legal claim alleges that the company violated state as well as federal laws, harming the consumer who was targeted by these debt collection efforts. When the alleged debt went into default, Alexander says Cavalry purchased the debt and began collection efforts on their own behalf.

On July 19, 2017, Cavalry allegedly sent a collection letter to the plaintiff regarding the alleged debt. Certain information was portrayed about the alleged debt in this letter including the account number, the current balance and the identity of the original creditor. The letter offered multiple settlement options but claims that the offer expired on Aug. 18, 2017, Alexander says.

The plaintiff believed, as a result of receiving this communication, that the offer would expire on Aug. 18, 2017. However, he claims a second communication sent on Nov. 20 of that same year and a third letter on May 29, 2018 further detailed communications and offers for the consumer to resolve the debt. The consumer alleges that these were false or misleading representations that harmed him and that the debt collector should be held accountable as a result.

While debt collectors are allowed to reach out to consumers regarding payment options, there are laws at the state and the federal level prohibiting abuse and harassment. If you or someone you know has been subject to this, you may have grounds for a lawsuit.

When a debt collector violates either a state or a federal law designed to protect consumers, that consumer can initiate their own legal claim against the debt collector.

The FDCPA Laws Lawsuit is Case No. 1:18-CV-04937 filed in the United States District Court for the Northern District of Illinois Eastern Division.

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DISCLAIMER: Debt collection itself is not illegal. However, debt collection firms collecting on consumer debts must adhere to the FDCPA. Even though debt attorneys are investigating these companies, their debt collection practices may be legal.