Indiana Debt Collector Charged with Unfair Collection Practices |
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On September 21, 2005, the court granted final approval of a settlement in a class action that had been filed against Indiana attorney Bart E. Carroll arising from his actions as a debt collector. The action was on behalf of all persons from whom Mr. Carroll attempted to collect a debt at any time since October 8, 2002, but to whom he did not provide a debt validation notice either in the initial contact or within five days of that contact. The action alleged that Mr. Carroll had repeatedly violated the federal Fair Debt Collection Practices Act (FDCPA) in his efforts to collect outstanding debts from consumers. The action sought statutory damages under the FDCPA as well as all costs and fees.
Under the FDCPA, once a debt collector contacts an individual in an effort to collect upon an outstanding debt, a "debt validation" notice must be issued within five days. Failure to do so within a year equates to statutory grounds for filing an action against anyone attempting to collect a debt. In this matter, Mr. Carroll allegedly violated the FDCPA by not providing the class members with a validation notice in the initial contact, within five days of initial contact or within one year of the date of filing the complaint in this case. Class members allege that Mr. Carroll has systematically failed to conform with the FDCPA.
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Other Credit / Debt Cases of Interest
A national class action has been filed in New York against Rickenbacker Collections on behalf of all U.S. residents who have, since November 5, 2002, received a collection letter marked "Urgent Notice" and carrying Rickenbacker's letterhead that threatens litigation if the debt is not paid immediately. Debtors claim that these letters violate the federal Fair Debt Collection Practices Act and are seeking declaratory relief and statutory damages.
A class action has been filed against Wells Fargo Home Mortgage, Inc. alleging that the company has violated South Carolina law by not entering into public record, within the three-month period required by statute, notice that mortgages have been paid in full. Two unsatisfied customers recently filed lawsuits against Cingular Wireless on behalf of themselves and others with the same problem. Baltimore lending company, Admiral Mortgage Inc., faces a class action lawsuit accusing it of charging excessive fees on its secondary mortgage loans and other predatory lending practices.
Plaintiffs in the case are Rodney G. Coster and Teresa L. Coster of Essex, Md., and Amanda Connor and Kevin F. Ashe of Rosedale, Md.
The Costers claim that Admiral charged them an origination fee of $5,936 on a $74,200 second mortgage -- 8 percent of the loan amount. They also allege they were charged more than $1,400 in credit report, processing, document preparation and underwriting fees. A statewide class action has been filed in New York against National Asset Management Enterprises, Inc. The action is brought on behalf of all New York residents who, since December 1, 2002, received collection calls from National Asset that allegedly violated the federal Fair Debt Collection Practices Act. The action seeks liquidated damages in the amount of $1000 per class member as well as 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.
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