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Case ID: 2838 | Credit / Debt | 08/30/2004
The class has been certified in an action filed against Equifax Check Services, Inc. on behalf of persons who have received collection letters from the company for checks that were written on accounts that had insufficient funds. The action alleges that the letters violate the Fair Debt Collection Practices Act (FDCPA) by not fully disclosing that the company is a debt collector under federal law. The action seeks unspecified compensatory and punitive damages.
Equifax, widely known for the credit reports that it issues, also offers check authorization services to merchants who accept checks from consumers. When a customer submits a check, the merchant contacts Equifax's computer, which either accepts or declines it. Equifax agrees to purchase for face value dishonored checks that it had authorized. Once it has a check that a bank refused to pay because of insufficient funds, Equifax sends out its own collection letters to the check writer demanding payment plus a service charge. The court ruled that the volume of collection letters that it sends out--some 1.6 million dishonored checks in 1999, and another two million in 2000--cause it to be considered a "debt collector" under the purview of the FDCPA. The FDCPA defines a debt collector to be any "person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another." Equifax's predecessor in interest was adjudged a debt collector in an earlier case, Holmes v. Telecredit Service Corporation. 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 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. A class action lawsuit has been filed in the Eastern District Court of Pennsylvania against RCS Center Corporation, a California-based collection agency, for violations of the Fair Debt Collection Practices Act (FDCPA). The FDCPA prohibits debt collectors from engaging in abusive, deceptive and unfair collection practices. Class members seek an injunction from having RCS communicate with the lead plaintiff, damages, attorney's fees and costs of the litigation. A class action lawsuit has been filed in federal court against California mortgage lender Ameriquest Capital Corporation. The case involves violations of federal fair credit reporting laws. It appears from documents filed with the court that the case may be assigned to an alternative dispute resolution program in an effort to expedite a settlement. No additional information about the substance of the allegations is available at this time. Classactionamerica.com will monitor this case and provide additional details as soon as they become available. Kahn Gauthier Swick, LLC ("KGS") announces that shareholders of Radian Group Inc. (“Radian” or the “Company”) (NYSE:RDN - News) who purchased securities of the Company between January 23, 2007 and July 31, 2007 (the "Class Period"), have until October 15, 2007 to move for appointment as Lead Plaintiff in a securities class action lawsuit currently pending in the United States District Court for the Eastern District of Pennsylvania. No class has yet been certified in this action. 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.
Merchants Decry American Express Company's Use of Market Power to Muscle Into the Credit Card Market A company that has a great deal of power in one market should not be able to legally use that power to leverage its way into other markets--this is the heart of many antitrust actions. A class action has been filed against American Express Company on behalf of merchants who accept the company's charge cards, alleging that American Express uses its market power unlawfully to force class members to accept its credit cards at excessive rates in violation of federal antitrust laws.
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