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Case ID: 2948 | Credit / Debt | 07/27/2004
A national class action has been filed against collection specialist French & Associates on behalf of all U.S. residents who have, since October 2002, received a collection letter from French & Associates containing certain allegedly misleading language. The debtors allege that this language is deceptive, misleading and unfair and, thus, violates the Federal Fair Debt Collection Practices Act. The debtors are seeking declaratory relief and statutory damages.
The debtors allege that the "form" collection letters sent by French & Associates are patently unlawful and amount to willful violations of the federal Fair Debt Collection Practices Act. In particular, the debtors allege that language in the letters is misleading, deceptive and intended to intimidate debtors into paying the debt. This language allegedly states that French & Associates might have to file a form 1099c with the Internal Revenue Service, and that litigation may have already been initiated against the debtor, requiring him or her to be served by the Sheriff's Department. According to the debtors, the statement regarding the form 1099c is untruthful because in order to file such a form, the creditor would have to waive its claim to the debt and take it as a loss. The debtors allege that this language, in particular the reference to the Internal Revenue Service, is intended to intimidate the recipient of the letter by making him or her believe that the U.S. government is going to assist French & Associates in collecting the debt. The debtors assert this language is additionally untruthful because the debt is being aggressively pursued and the creditor has no intention of waiving the debt and taking a loss. According to the debtors, the language mentioning litigation and the Sheriff's Department serves the same purpose of intimidation. The debtors claim that no litigation has been initiated and that French & Associates merely wishes to bully debtors into paying by fostering a belief that they will have to interact with law enforcement officials if the debt is not paid. The debtors claim that these tactics are unlawful and systematic, and that the number of victims is in the thousands. 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 Federal credit and banking laws prohibit credit providers from discriminating based on ethnicity, national origin, or race. The parties have reached a tentative settlement in a nationwide action filed against General Motors Acceptance Corporation on behalf of African Americans who allege that, as a result of company policies, dealers routinely charged black consumers higher interest rates on auto loans than whites with similar financial histories in violation of the federal Equal Credit Opportunity Act. Persons eligible to take part in the settlement should contact attorneys for the class for more information. A statewide class action has been filed in California against collection specialist, Midland Credit Management, Inc., who operate under the name Kansas Midland Credit Management, Inc. The action is brought on behalf of all California residents who received a collection letter from Midland which offered to settle their alleged 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 has been filed in Kentucky against the Serban Law Offices and Attorney Daniel Serban. The action is brought on behalf of all Kentucky residents who since October 17, 2002, have received a collection "form" letter from the Serban Law Offices or Daniel Serban. The action alleges that these "form" collection letters do not meet the requirements of the federal Fair Debt Collection Practices Act.
Wells Fargo & Co. has settled a class-action lawsuit over lending practices at its Wells Fargo Financial Inc.'s mortgage unit, which focuses on the subprime market. Camden, New Jersey Foulke Management Corporation, which operates a number of car dealerships, has engaged in a series of bait-and-switch sales practices. The practices were so widespread and frequent that a couple filed a class action lawsuit against Foulke. A class action lawsuit has been filed in the Eastern District Court of New York against Credit Collection Services, Inc., a New York based collection agency, for violations of the Fair Debt Collection Practices Act (FDCPA) which prohibits debt collectors from engaging in abusive, deceptive and unfair collection practices. Class members seek damages, attorney's fees and costs of the litigation. |
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