State of Washington v. Convergent Outsourcing, Inc.
WA-AGO Convergent Debt Collection Restitution
20-2-10463-9 SEA

Frequently Asked Questions

 

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  • Attorney General Bob Ferguson filed this lawsuit against Convergent Outsourcing, Inc. in King County Superior Court in June 2020. In his lawsuit, Ferguson asserted violations of Washington’s Consumer Protection Act and Collection Agency Act. Between January 1, 2013 and November 17, 2016, Convergent Outsourcing, Inc. sent "settlement offer" letters to some Washington consumers, to resolve old debts that were past the statute of limitations for a collection lawsuit. These "settlement" offers created an impression that Convergent could sue consumers when it could not and implied Convergent was prepared to sue consumers if they did not pay. In response to these letters, some Washington consumers made payments to Convergent on their old debts. In Washington, the statute of limitations on debt collection lawsuits is six years after the date of default or last payment on the debt account. None of the letters disclosed that the debts were past the statute of limitations.

    As a result of the lawsuit, affected consumers who sent money to Convergent will get back the money they sent to the company, plus interest. Additionally, Convergent has agreed to a nationwide injunction that will prohibit it from using the words "settle" or "settlement" when attempting to collect on time-barred debts. The agreement requires the company to disclose that the statute of limitations to sue on the debt has passed. 

  • The collection agency Convergent Outsourcing, Inc paid $355,000 to be divided among the consumers pro rata in proportion to the respective amounts paid by each consumer. Additionally, Convergent paid $1,320,000 to the Attorney General's Office. The money will be used to increase the restitution payments to consumers, cover the costs of the investigation, and fund the continued work of the office’s Consumer Protection Division.

    The resolution will provide restitution to consumers for Convergent Outsourcing, Inc.'s violations. Those alleged violations include:

    • Convergent acted unfairly and/or deceptively under the Consumer Protection Act, which prohibits unfair or deceptive acts or practices in trade or commerce that affect the public interest (RCW 19.86.020) when it sent letters to consumers in Washington and other states offering to "settle" time-barred debts without disclosing that the debts were legally unenforceable.

     

    • By sending these letters to Washington consumers offering to "settle" time-bred debts and impliedly threatening that consumers could be sued if they did not pay, Convergent also violated the Collection Agency Act (RCW 19.16), which prohibits Washington-licensed collection agencies from threatening to take actions they cannot legally take. 

     

    The resolution also requires Convergent Outsourcing, Inc. to permanently refrain from sending collection letters that use the term "settle" or "settlement" in offering to resolve time-barred debts without disclosing that the statute of limitations has expired. The agreement requires the company to disclose the statute of limitations to sue on the debt has passed.

  • This payment is being sent to you as the result of the settlement of the Washington State Attorney General’s lawsuit against Convergent Outsourcing, Inc. related to its debt collection practices. If you received a letter and payment in this matter, you were identified in Convergent’s records as one of the consumers entitled to restitution.  For more information, review the Washington State Attorney General’s press releases found on the Important Documents page of this website.

  • If you received a check in the mail it is because the Washington State Attorney General's Office identified you based on data contained in Convergent Outsourcing, Inc.'s records as someone to whom the debt collection agency owed restitution.

  • Please contact the Washington State Attorney General's Office - Consumer Protection Division at 1-800-551-4636 if you have any difficulty with your restitution check.

  • Your restitution payment was calculated by determining your total out of pocket loss based on Convergent’s records (i.e., the total amount you paid to Convergent after receiving the collection letter that was the basis for the Attorney General’s lawsuit), plus interest.

  • If you choose not to return the W-9 form, our office will not send your check for interest and there is no need for you to take further action.

  • If you are being asked to submit a W-9 form, then you are eligible for an interest payment that exceeds $600. We have been advised that we are required to collect tax information via the W-9 form that was included in your restitution letter before sending you your check for interest.

  • If your restitution amount is greater than $600.00, your initial mailing will include a W-9 form and a check for $600. In order to claim amount above and beyond the $600, you must fill out and return the W-9 form. Completed W-9 forms need to be submitted postmarked no later than August 26, 2023.  (Please note: If your W-9 is received before the final deadline, your second check may be sent to you earlier).

  • If you did not receive a W-9 form with your restitution letter, then your interest was included in your restitution check because the total amount of interest did not exceed $600. There is no need for you to take further action.

  • Per the Consent Decree, if any amounts designated for distribution remain undistributed because checks mailed to consumers were uncashed, undeliverable, or returned, the Attorney General's Office may apply the remaining funds to a cy pres fund for debt counseling or similar services offered to Washington consumers or for any other use, including further efforts by the Attorney General's Office to provide restitution to eligible consumers whose checks were not cashed, at its discretion.

  • If you were issued a check and it has been damaged or misplaced, you may request a check reissue.  Please send a letter either via email to info@WA-AGOConvergentRestitution.com, or by mail to:

    Convergent Restitution Project
    c/o JND Legal Administration
    PO Box 91225
    Seattle, WA 98111

    Your request should include your full name, the address we have on record for you (in order to verify we are updating the correct record), any new or updated address information, and a statement indicating you would like your check to be reissued. Please note that reissue requests can take several weeks to process. Please remain patient. 

     

  • The Attorney General's Office and team are available to help you. If you have further questions or concerns you may contact the Consumer Protection Division at 1-800-551-4636.

  • If you would like to update your address or your name due to a typo or a name change please send a letter either via email to info@WA-AGOConvergentRestitution.com, or by mail to:

    Convergent Restitution Project
    c/o JND Legal Administration
    PO Box 91225
    Seattle, WA 98111

    Your request should include your full name as we have it in our records, as well as the address we have on record for you (in order to verify we are updating the correct record). Please include a statement indicating the change you would like to make to your record (address, name, or both).  If you are seeking to update your name please include the following documentation:

    • A copy of your government ID (such as a State ID,  State Drivers License, or a Passport) 
      • For all spelling updates and name change requests
    • A copy of a legal document showing the name change (such as a Marriage License or Divorce Decree) 
      • Only for full name changes

     

    Please note that name update requests can take several weeks to process. Please remain patient. 

     

For More Information

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Mail
Convergent Restitution Project
JND Legal Administration
P.O. Box 91225
Seattle, WA 98111