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Case ID: 2817 | Credit / Debt | 07/23/2004
A national class action has been filed against collection agency Allied Interstate, Inc. alleging that the company violated federal law in its efforts to collect outstanding debts for its clients. The action asserts that Allied's actions violate the federal Fair Debt Collection Practices Act (FDCPA), which prohibits debt collectors from engaging in abusive, deceptive and unfair practices. Class members are seeking statutory damages available under the act, declaratory and injunctive relief, and attorneys fees and costs.
The action's allegations revolve around letters that were sent to class members demanding payment for outstanding debt. Under the FDCPA, a debtor has 30 days in order to dispute a debt once contacted by a collection service. Any effort to make a final collection within this 30-day period is a violation of the act. This action alleges that Allied made demand for final payment within 13 days of issuing the initial demand letter. The language of Allied's second letter demanded payment "today." The action contends that Allied has engaged in this activity in a systematic manner and the class of individuals who may have experienced the same unlawful conduct is potentially large. 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 against Community Consumer Credit Counseling Service of Utah (CCCS) by the Utah Division of Consumer Protection, on behalf of consumers who have taken part in CCCS’ debt management services. The lawsuit alleges that CCCS violated the Utah Credit Services Organization Act and the Utah Consumer Sales Practices Act.
Two California consumers, Shane Satey and Kenneth Holtzclaw, brought a class action against Great Seneca Financial Corp. and the debt collection law firm of Wolpoff & Abramson, alleging unfair and fraudulent debt collection and credit reporting practices and also that Great Seneca was collecting debts in California for months without being properly registered as a California corporation. All of those miscellaneous charges that companies add on to credit purchases are regulated by state and federal law. The parties have reached a tentative settlement in a class action against Schewel Furniture Company, Inc. on behalf of all Virginia residents to whom the company improperly applied finance charges, thereby violating Virginia's Consumer Protection Act and the federal Truth in Lending Act. Buying a home is a momentous (and stressful) process under the best of circumstances. It can be a nightmare when closing costs and settlement fees push the price of home ownership even higher. A class action lawsuit has been filed on behalf of home buyers against mortgage lender HSBC Mortgage Corp. The suit alleges that HSBC charged home purchasers settlement fees that were not fully earned or were marked up past their real value in violation of federal lending laws. The plaintiffs seek financial and other damages from HSBC.
A class action has been filed against Bank of America, N.A., alleging that the company has violated South Carolina law by not entering into the public record, within the three-month period required by statute, notice that mortgages have been paid in full.
The Federal Trade Commission announced that it had reached a $15 million settlement with ChoicePoint Inc., the commercial data broker that disclosed last February that thieves had duped the company into turning over private data on more than 145,000 people. |
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