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Case ID: 2807 | Credit / Debt | 11/16/2005
On October 29, 2004, the court dismissed a class action that had been filed against Citibank, Toyota and several debt purchasing and collection services, alleging that Citibank and Toyota have engaged in a systematic and intentional violation of federal law by attempting to collect debts from customers who have filed for bankruptcy and thus received an automatic stay regarding their debts pending discharge. The borrowers asserted that Citibank and Toyota sell or transfer these debts to third parties, typically debt purchasing services, with full knowledge that bankruptcy proceedings have been initiated. The borrowers are sought compensatory damages, statutory damages, disgorgment of monies illegally received, punitive damages, attorney's fees and injunctive relief.
According to the borrowers, when the defendants received a notice of the pending bankruptcy proceeding of one of their customers, the customer's account is sold, transferred or assigned to companies that purchase debts, such as the defendant Sherman Financial Services, who in turn utilize one of their internal collection agencies to attempt to collect the debt. The attempts to collect the debts were in the form of letters and harassing phone calls. Even after being informed verbally that bankruptcy was pending, the attempts to collect allegedly persist. The borrowers claimed that the defendants' conduct violates both the federal bankruptcy code and the federal Fair Debt Collection Practices Act. It is also alleged that this conduct amounts to a violation of the federal RICO act, which prohibits racketeering. 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 statewide class action has been filed in New York against collection specialist Hayt, Hayt & Landau. The action is brought on behalf of all New York residents who, since December 29, 2002, received either a form type collection letter on Hayt's letterhead, or who were served with a summons and complaint filed by Hayt, Hayt & Landau. The action alleges violations of federal law and is brought under the Fair Debt Collection Practices Act. The action seeks actual damages, statutory damages, injunctive and declaratory relief. A class action has been filed against debt collection agency Amsterdam & Lewinter, LLP, on behalf of all persons with New York state addresses, to whom a collection letter was sent between July 15, 2003, and July 15, 2004. The action alleges that the defendants violated the federal Fair Debt Collection Practices Act by using deceptive trade practices in its attempts to collect an alleged debt. A class action has been filed by West Virginia homeowners against banking giant Chase Manhattan alleging that the company has systematically preyed on unsophisticated consumers by enticing them into refinancing their homes with loans that are loaded with fees, have higher interest rates than represented and are not serviced appropriately, costing consumers thousands of dollars and possibly their homes. Brought on behalf of all West Virginia mortgage borrowers whose loans have been serviced by Chase at any time since October 9, 1999, the action seeks compensatory, statutory and punitive damages as well as injunctive and declaratory relief. A national class action has been filed in New York against Central Credit Services, Inc. The action is brought on behalf of all U.S. residents who have been contacted via telephone by Central Credit and who have been allegedly harassed by Central's collection associates. 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 was filed New York on behalf of those who purchased Oppenheimer mutual funds from the AIG Advisor Group, with parent company American International Group Inc as the defendant. Pennsylvania and New Jersey Residents Furious Over Accredited Collection Agency's Alleged Harassment A multi-state class action has been brought in Pennsylvania against Accredited Collection Agency, Inc. and attorney Norman G. Kalina. The action is brought on behalf of all Pennsylvania and New Jersey consumers who, since March 16, 2003, have been contacted by Accredited or Kalina in an effort to collect an alleged outstanding debt. The action is brought under the Federal Fair Debt Collection Practices Act and seeks actual and statutory damages as well as injunctive and declaratory relief. |
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