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Case ID: 2768 | Credit / Debt | 09/08/2004
A federal court in Louisiana has certified the class in a class action filed against Imperial Adjustment Company and Equifax Credit Information Services alleging that Equifax gave Imperial unrestricted access to the personal credit reports of approximately 150 class members. The class contends that this action violated class members' rights under the Fair Credit Reporting Act (FCRA).
The reports were furnished in order to assist Imperial in locating individuals who were involved in litigation. Imperial specializes in collection and insurance adjustment. Under the FCRA such a transfer of information is only permitted with the written permission of the individual in question or when the purpose is for the underwriting of insurance. Under the law, both statutory and punitive damages are available. Statutory damages are awarded on a strict liability basis, i.e. if the law was violated, damages are awarded. Punitive damages, which may far exceed statutory damages, are awarded when the plaintiffs demonstrate that the defendants acted with a "conscious disregard" for the consumer's rights or when it is demonstrated that the defendants' actions amount to "deliberate and purposeful" actions taken against the plaintiffs' rights. The action seeks both statutory and punitive damages. Initially, the plaintiffs sought certification for an expanded class that involved individuals whose credit reports were furnished by intermediary agencies as well. The court, however, refused to certify such a class as it found these claims were not similar enough to the core claims of the case. An appeal filed by the plaintiffs was successful, and the case was remanded for certification of the current class. The defendants have filed an appeal of the current certification order, and it is pending in the court of appeals. At Lawcash.com, it is our goal to keep you informed about important legal cases, class actions and settlements. Our lawyers offer free legal evaluations in tort cases, class actions, personal injury, and other lawsuits because we are dedicated to helping you resolve your legal complaints. Other Credit / Debt Cases of Interest A class action has been filed in Pennsylvania against collection specialist, NCO Financial Services, Inc. The action is brought on behalf of all Kentucky and Pennsylvania residents who received a collection letter from NCO Financial which included a due date for payment, a date which consumers claim has the effect of overshadowing the statutorily required statement entitling consumers to challenge the validity of the alleged debt. The action is brought under the federal Fair Debt Collection Practices Act and seeks statutory damages as well as injunctive and declaratory relief.
A class action lawsuit has been filed on behalf of loan originators at Kansas based Bank of Blue Valley, Inc. The loan originators claim that they were supervised, treated, and controlled in the same manner as employees, and required to work hours far in excess of 40 per week. Notwithstanding this, the originators claim, they were paid as independent contractors on a commission basis and the amounts paid were far less than what would be required for employees, for straight pay and overtime, under federal labor laws. The loan originators seek back pay and other damages. Predatory lending, in the form of abusive subprime mortgage loans, payday loans, tax refund loans, and other lending scams, strips $16 billion from low-income consumers and communities in the U.S. each year. A $5+ million judgment has been entered against investment bank Lehman Brothers, Inc. and subsidiary Lehman Commercial Paper, Inc. in a class action filed on behalf of all persons who acquired mortgage loans from First Alliance Corporation from May 1, 1996, through March 31, 2000, that were underwritten by Lehman Commercial Paper. The money will not be distributed until all possible appeals have been exhausted.
A statewide class action has been filed in Indiana against Capital Recovery Associates, Inc. who operate under the name CRA Security Systems. The action is brought on behalf of all Indiana residents who received a form type collection letter demanding immediate payment of the consumers’ alleged debt. The action is brought under the federal Fair Debt Collection Practices Act and seeks statutory damages as well as injunctive and declaratory relief. A state judge has dismissed four of five class-action lawsuits that allege hospitals charge higher rates for patients who are uninsured than for those who have health insurance. The lawsuits claim that hospitals have two-tiered billing systems: One for patients insured by companies that negotiate discounts and another higher rate for the uninsured. A class action lawsuit has been filed against debt collection company PA R&D Enterprises, Inc., its subsidiary Judgment Busters, Inc., and Duane Gida, on behalf of people who claim that the debt collection companies misrepresented themselves in violation of Pennsylvania state law and the federal Fair Debt Collection Practices Act. The suit also alleges that the defendants made false, deceptive and misleading representations to the Luzerne County Court. |
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