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Case ID: 2950 | Credit / Debt | 08/20/2004
A national class action has been filed in New York against debt collection specialists Valentine & Kerbatas, Inc. on behalf of all U.S. residents who have, since November 5, 2002, received a first collection letter from Valentine & Kerbatas in which the debtor is informed that the debt is immediately due as a result of the debtor's lack of response to Valentine & Kerbatas' previous collection efforts. The debtors, who seek declaratory relief and statutory damages, allege that Valentine & Kerbatas has violated the federal Fair Debt Collection Practices Act.
This action arises from what the debtors claim is abusive, deceptive and unfair practices on the part of Valentine & Kerbatas. According to consumers, Valentine & Kerbatas is a professional debt collection firm. The debtors claim that, as part of the company's efforts to collect debts due their clients, Valentine & Kerbatas typically sends a "form" collection letter. This letter allegedly states that the debt is due immediately because the debtor has not responded to previous attempts at contact. However, the debtors allege that these letters represent the first contact by Valentine & Kerbatas with the debtors. This, according to the action, is a violation of the debt collection practices act since the firm's conduct is deceptive and intended to intimidate the debtors into making an immediate payment. Under federal law, debtors must be given an opportunity to dispute the validity of a debt that a third party is attempting to collect. Additionally, intimidation and coercion cannot be used to collect a debt under federal law. The action claims that Valentine & Kerbatas has engaged in a systematic and willful policy of trying to deceive and intimidate consumers and that the class numbers in the hundreds, if not 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 A class action has been filed against attorney Elliot Rosenberg on behalf of all Connecticut residents who, since October 14, 2002, have received a threatening collection letter purporting to be from Mr. Rosenberg. Consumers allege that these collection letters are not actually sent by Mr. Rosenberg, but come from unknown sources simply using his name as a means of intimidation. Consumers claims that these actions are prohibited under the federal Fair Debt Collection Practices Act and they are seeking statutory damages as a result.
Merchants Decry American Express Company's Use of Market Power to Muscle Into the Credit Card Market A company that has a great deal of power in one market should not be able to legally use that power to leverage its way into other markets--this is the heart of many antitrust actions. A class action has been filed against American Express Company on behalf of merchants who accept the company's charge cards, alleging that American Express uses its market power unlawfully to force class members to accept its credit cards at excessive rates in violation of federal antitrust laws.
Several class actions have been filed against financial services company UICI (NYSE:UCI) and certain of its officers and directors by stockholders who purchased the company's common stock between January 17, 2000, and July 21, 2003. The actions claim that the defendants violated federal securities laws by issuing a series of material misrepresentations to the market over this time period, thereby artificially inflating the price of the company's securities. There are numerous federal laws that protect borrowers from predatory and unscrupulous lenders. The parties have reached a $40.4 million settlement in an enforcement action filed against mortgage company Fairbanks Capital Holding Corporation, its wholly-owned subsidiary Fairbanks Capital Corporation, and their founder and former CEO, Thomas D. Basmajian on behalf of borrowers whose mortgage payments were posted late and who were charged illegal late fees or other charges because of the late postings. Persons interested in taking part in the settlement should contact the attorneys for the class.
A class action lawsuit has been filed in federal court against Safeco Insurance Company of America. Although originally filed in Orange County (California) State Superiof Court, the case has been removed to the federal court system at the request of the defendants. The case involves violations of federal fair credit reporting law. No additional information about the substance of the allegations is available at this time. Classactionamerica.com will monitor this case and provide additional details as soon as they become available. A class action has been filed against U.S. Bank and its Indiana collections attorney, Septtimous Taylor, by Indiana residents whose mortgage is held by U.S. Bank and who, at any time since October 10, 2001, were charged foreclosure fees and court costs although foreclosure actions had not been filed in court. Additionally, the action claims that Taylor violated the federal Fair Debt Collection Practices Act. The action seeks restitution and compensatory and statutory damages. |
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