According to the consumers, Risk Management has engaged in intentional and willful violations of both state law and the federal Fair Debt Collections Practices Act. Consumers allege that Risk Management has made false representations, used intimidation and has engaged in unauthorized activity in the pursuit of collecting debts from Massachusetts residents. Examples of this conduct include threatening legal action when none will be taken, demanding payments in an intimidating manner, presenting postdated checks for payment prior to the agreed upon date of negotiation, presenting unauthorized checks for payment, claiming a false sense of urgency in order to force consumers to pay quickly and without verification and generally employing unfair and deceptive practices in order to collect debts. The consumers allege that the use of any misleading or intimidating tactics in order to collect a debt violates both
state and federal law. The consumers allege that over the proposed four year class period, Risk Management has contacted thousands, perhaps tens of
thousands of Massachusetts residents, making the proposed class very numerous.