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Illinois Residents Who Received Collection Letters from Coldata Certified as Class

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Case ID: 2870 | Credit / Debt | 08/19/2004

The class has been certified in an action filed against debt collector Coldata, Inc. on behalf of all persons with Illinois addresses who were sent a letter on or after December 5, 2001, seeking to collect credit card debt containing a settlement offer of 50 percent or more with a specific deadline. The action alleges that Coldata violated the federal Fair Debt Collection Practices Act (FDCPA) by making false settlement offers, and seeks damages of up to $1,000 per collection letter that contains a false deadline.

The action alleges that Coldata sent a series of eight collection letters related to named plaintiff Adeena Weiss' American Express credit card account. At least four of these letters offered to settle the account for about 50 percent of the outstanding balance and stated that the settlement offer was for a short time only--each letter gave a different settlement expiration deadline. Based on the differing deadlines, the action alleges that the company makes strict settlement offers, but that the deadlines given were false and not enforced.


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