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Case ID: 2904 | Credit / Debt | 07/26/2004
A class action has been filed in Florida against Butler & Hosch, P.A., on behalf of all Florida residents who were required to pay prepayment penalties on mortgages that were accelerated as part of a foreclosure action. According to the mortgagees, Florida law does not permit the collection of prepayment penalties once a mortgage has been accelerated during foreclosure. The action is brought under the federal Fair Debt Collection Practices Act and Florida consumer laws. The mortgagees are seeking actual damages as well as the maximum statutory damages allowed under the FDCPA.
This action arises from the conduct of Butler & Hosch, P.A. and its employees in collecting money from the mortgagee class members during foreclosure proceedings. Specifically, the mortgagees allege that Butler & Hosch collected prepayment penalties as part of the monies collected during foreclosure proceedings. Florida law specifically forbids the collection of these fees once a mortgage has been accelerated as part of the foreclosure process. The mortgagees also claim that the collection of these fees results in a violation of the federal Fair Debt Collection Practices Act because such a collection is deceptive and results in an "unfair practice" under the act since these fees were not allowed under Florida law. 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. Ralph Brooks, Jr., a Philadelphia man man who was shot and disabled when he was six years old, filed a lawsuit against Wachovia Bank, charging that the bank charged "sweep fees" for funds held in mutual funds set up with donations at the time of the shooting. A statewide class action has been filed in California against collection specialist, ARS National Services, Inc., who operate as Associated Recovery Systems. The action is brought on behalf of all California residents who received a collection letter from Associated which offered to settle the debt for a lesser amount, if payment was made immediately. The action is brought under the federal Fair Debt Collection Practices Act and seeks statutory damages as well as injunctive and declaratory relief. A class action lawsuit has been filed in the Northern District Court of Illinois against Dr. Mark Weinberg for violations of the Fair Debt Collection Practices Act (FDCPA). Class members seek declaratory relief, damages, attorney's fees and costs of the litigation.
A statewide class action, with possible national reach, has been filed in Indiana against Collection Specialists, Inc., collection attorney Alan R. Miller, Saint John's Health System and its director of accounts receivable, Philip D. Hilger. The action is brought on behalf of all individuals who have been subject to alleged illegal, intimidating, misleading and deceptive collection practices on the part of the named collectors. The action is brought under the federal Fair Debt Collection Practices Act, Indiana state law on statutory deception and breach of contract and the federal Racketeer Influenced
and Corrupt Organizations Act (RICO) and seeks actual, enhanced, treble and statutory damages as well as injunctive and declaratory relief.
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. |
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