How to Resolve an Oportun Lawsuit and Protect Your Rights
Oportun files thousands of debt lawsuits annually, often for small amounts with high interest rates. You can fight back by filing an Answer, negotiating settlement, or challenging FDCPA violations. Taking action within your state's deadline protects you from default judgment and wage garnishment.
Answer Your LawsuitOportun Inc. files more debt lawsuits than most lenders in America. In California alone, Oportun filed 30,000 collection lawsuits across 20 counties in 2019. During the first half of 2020, they filed another 14,000 cases.
Oportun relies on aggressive litigation to secure judgments against borrowers. Their high-interest rates and frequent loan refinancing push many people into default. But you have options when facing an Oportun lawsuit.
Respond to Oportun's Lawsuit in 15 Minutes
Oportun counts on you missing your Answer deadline. Draft and file your response today to avoid default judgment and protect your wages from garnishment.
File Your Answer NowYou can fight back and win your case with the right strategy.
Understanding Oportun as a Lender
Oportun is a legitimate financial services company established in 2005. James Gutierrez, grandson of a Mexican immigrant, founded the company as Progreso Financiero. He wanted to help Latino families access financial services.
Gutierrez developed a scoring system to lend to people with limited credit histories. He convinced major investors like Greylock and Madrone Capital to fund his vision. In 2012, he left the company to CEO Vazquez, who rebranded it as Oportun.
Under Vazquez, the company expanded to 10 additional states. They added auto loans to their product lineup. Today, Oportun has disbursed over 3.9 million loans worth $9 billion. Nearly 800,000 consumers currently have active accounts.
Oportun Interest Rates and Fees
Oportun doesn’t publicly disclose its interest rates and fees. These vary by state based on local lending laws.
California’s Department of Business Oversight reveals troubling numbers. Oportun charges between 40% and 69.99% APR on loans under $2,500. The company claims it reduces rates on refinanced loans, but many borrowers struggle with these high costs.
What Consumers Say About Oportun
Online reviews for Oportun show mixed experiences. Some customers report positive interactions when resolving their debts. Others describe problems with collections and lawsuits.
You can read consumer experiences on these platforms:
- Google reviews for Oportun locations
- Better Business Bureau complaint records
- Consumer Financial Protection Bureau database
Many reviews indicate Oportun collectors will negotiate payment arrangements. Communication often leads to better outcomes for both parties.
If you prefer not to call collectors directly, our partner Solo offers online negotiation through a digital platform.
Responding to an Oportun Lawsuit
Oportun sues borrowers over surprisingly small amounts. Court records from Dallas and Harris counties show 2019 lawsuits for $1,400 or less. Payday lenders count on borrowers ignoring lawsuits and missing deadlines.
When you don’t respond, the court enters a default judgment. That judgment allows Oportun to garnish your wages. They can also place liens on your car, house, or bank accounts.
File Your Answer Before the Deadline
You must file an Answer to the lawsuit complaint promptly. Check your summons for the exact deadline in your state. Most states give you between 14 and 30 days to respond.
Your Answer should include relevant defenses that challenge Oportun’s claims. Demand proof that you actually owe the debt. Show up for all court dates without exception.
Our partner Solo helps you draft and file your Answer quickly.
Settling Your Oportun Debt
You can negotiate a settlement at any stage of collections. Even after Oportun sues you, settlement remains an option. Many collectors accept less than the full balance owed.
Steps to Negotiate Your Settlement
Calculate what you can realistically afford to pay right now. Could you pay half the balance and still cover living expenses? Your calculation guides your negotiation strategy.
Submit a written settlement offer below your maximum affordable amount. Starting low gives you room to negotiate upward if needed. Always use written communication to document every interaction.
Draft a Debt Settlement Agreement once you reach terms. Both parties must sign this document before you make payment. Pay the agreed amount according to the settlement timeline.
Written records protect you from future collection attempts on settled debts.
Fighting FDCPA Violations
The Fair Debt Collection Practices Act protects you from abusive tactics. Oportun cannot harass or threaten you during debt collection.
FDCPA violations include:
- Calling outside hours of 8 a.m. to 9 p.m.
- Excessive calling more than three times weekly
- Using vulgar or abusive language
- Demanding more than you legally owe
- Threatening arrest or imprisonment
- Failing to send proper written notice
- Sharing your debt information with unauthorized people
- Providing false or misleading information
- Charging illegal fees or interest
- Repeatedly calling third parties about your location
- Contacting you at work after being told not to
You can file a countersuit in state or federal court for FDCPA violations. You must sue within one year of the violation date. Successful FDCPA claims can result in damages and attorney fees.
Military Borrowing Protections
The Military Lending Act caps payday loan APRs at 36% for military families. Congress passed this law to protect service members from predatory lending.
If Oportun charged you higher rates as a military member, you have a strong defense. You can dispute the lawsuit amount and file a countersuit. Federal law clearly limits what lenders can charge active military personnel and their families.
Bankruptcy as a Last Resort
Bankruptcy isn’t worth considering for small debts alone. It becomes viable when unsecured debts equal half or more of your annual income.
Chapter 7 bankruptcy works best if you file at least 91 days after taking the Oportun loan. Filing sooner suggests you planned to avoid repayment from the start. Courts consider this fraud, which can lead to criminal charges.
Oportun May Object to Discharge
Oportun can object to your bankruptcy discharge. They argue you borrowed money without intending to repay it. This objection complicates your bankruptcy case significantly.
Consider bankruptcy only after exhausting other debt resolution options. A bankruptcy attorney can evaluate whether this path makes sense for your situation.
State Law Violations in Payday Lending
Some payday lenders partner with Native American tribes to avoid state regulations. They claim sovereign immunity protects them from state lending laws.
Sovereign immunity prevents tribes from being sued by states or private parties. Lenders exploit this doctrine to offer loans that violate state interest rate caps.
Courts increasingly reject these arrangements as illegal. Oportun targets Latino residents with loans carrying excessive interest rates. You can challenge their practices based on state lending law violations.
Taking Action Against Oportun
You have multiple defenses available when Oportun sues you. High-interest debt problems affect thousands of borrowers every year. You’re not alone in this situation.
Consider hiring an attorney to represent you in court. Legal representation significantly improves your chances of a favorable outcome. Attorneys understand local court procedures and negotiation tactics.
You can also use affordable services that help you respond to lawsuits. Taking action beats ignoring the problem and facing default judgment.