Consumer alleges letter from AssetCare, CF Medical falsely suggests settlement offer was one-time option

By Kristine Gonzales-Abella | Dec 27, 2018

HOUSTON – A Houston consumer has filed a class-action lawsuit against two debt collectors over allegations a letter sent to him was misleading.

Ryan Yanaway, individually and on behalf of all others similarly situated, filed a complaint on Dec. 3 in the Houston Division of the Southern District of Texas against AssetCare LLC, CF Medical LLC and John Does alleging violation of the Fair Debt Collection Practices Act and the Texas Debt Collection Act.

According to the complaint, the plaintiff alleges that on Oct. 3, he received the first written communication from the defendants attempting to collect on an alleged debt. The suit states the letter offered to settle the alleged debt for 40 percent of the balance owed provided payment was made by Oct. 17. The plaintiff alleges the letter "falsely suggests" that the settlement offer was a one-time offer when they would have "accepted less than 40 percent of the balance owed at any time to settle the debt."

The plaintiff holds AssetCare LLC, et al. responsible because the defendants allegedly unlawfully used false, deceptive, or misleading representations in connection with the collection of the alleged debt.

The plaintiff requests a trial by jury and seeks an order certifying the action may be maintained as a class action and award for actual and statutory damages, attorneys’ fees, costs and expenses and such other and further relief as may be just and proper. He is represented by Andrew T. Thomasson, Philip D. Stern and Francis R. Greene of Stern Thomasson LLP in Springfield, New Jersey; and Daniel J. Ciment of Ciment Law Firm PLLC in Katy.

Houston Division of the Southern District of Texas case number 4:18-cv-04557

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AssetCare Ciment Law Firm, PLLC Houston Division of the Southern District of Texas Stern Thomasson LLP

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