Jury Trial Victory for Debt Collector Despite Denial of Summary Judgment Motion, Class Certification

Let this be a lesson that all is not lost if the judge rules against a debt collector at the summary judgment phase. The case at issue is Al v. Van Ru Credit Corp., No. 17-cv-1738 (E.D. Wisc.). Back in January, insideARM published an article about the judge denying defendant’s summary judgment motion, finding that the question of whether defendant’s letter was deceptive or misleading was best left to a jury. Well, the jury spoke and it found in Van Ru’s favor.

At issue in this case was whether instructing a consumer to act “promptly” confuses the consumer as to the time frame of the offer. The full sentence in the letter states:

The balance you owe as of the date of this letter is $462.31. Presently, we are willing to accept $277.39 to settle your account provided that you act promptly. We are not obligated to renew this offer.

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