This action arises from what class members assert are patently unlawful attempts to collect debts by the use of the name Elliot Rosenberg, attorney at law, when Mr. Rosenberg is not involved, beyond the use of his name, with the collection attempt. The class members assert that the letters are not actually mailed from Mr. Rosenberg's office, but from unknown sources--presumably from business that have contracted with Mr. Rosenberg to use his name in collection attempts. These letters, according to class members, are deceptive and violate the FDCPA because they lead consumers to believe that an attorney has been forwarded their account for collection when, in fact, the account has not been reviewed by the attorney.

According to the class members, the letters are form-style and threaten litigation, when in fact litigation has not been initiated nor authorized by the creditor. Consumers claim that this is simply a tactic to intimidate them into paying the alleged debts. Under the Fair Debt Collection Practices Act 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 representation is also forbidden under FDCPA. These types of violations entitle consumers to statutory damages under the FDCPA. The class members assert that Mr. Rosenberg, and whoever has contracted with him for the use of his name, have been engaging in these unlawful and fraudulent activities for quite some time and that class members number potentially in the thousands.