This action arises from what class members assert are patently unlawful attempts to collect debts by the use of generic "form" letters. The class members assert that the letters are not actually mailed by the defendants, but from a private mailing operation. These letters, according to class members, are deceptive and violate the FDCPA because they lead consumers to believe that an attorney has reviewed the status of their debt and determined that it is appropriate to take collection action. According to the class members, the letters are not signed by Mr. Serban or anyone from his law office and the letters simply use the name of Mr. Serban's office to intimidate consumers into paying the alleged debts.

Under the FDCPA it is unlawful to send a letter or communication that states it is from an attorney or law firm, when it is not. It is also unlawful to represent that an attorney reviewed a debt, when he or she in fact, did not. Collecting a debt using any false representations is also forbidden under FDCPA. These types of violations entitle consumers to statutory damages under the FDCPA. The class members assert that Mr. Serban and his law office have been engaging in these unlawful and fraudulent activities for quite some time and that the violations number in the thousands.