A statewide class action has been filed in New York against collection specialist Hayt, Hayt & Landau. The action is brought on behalf of all New York residents who, since December 29, 2002, received either a form type collection letter on Hayt's letterhead, or who were served with a summons and complaint filed by Hayt, Hayt & Landau. The action alleges violations of federal law and is brought under the Fair Debt Collection Practices Act. The action seeks actual damages, statutory damages, injunctive and declaratory relief.

According to consumers, the Law Office of Hayt, Hayt & Landau is, in fact, a collection agency masquerading as a law practice. Consumers allege that all mailed correspondence is of the "form" type and computer generated. Consumers also allege that Hayt, Hayt & Landau uses forms to generate civil complaints, which it regularly files in an effort to collect debts. Consumers claim that Hayt, Hayt & Landau regularly and willfully violate the federal Fair Debt Collection Practices Act (FDCPA). Under the Fair Debt Collection Practices Act any use of unfair, intimidating or untrue means to collect a debt is barred. Consumers point to several examples of conduct on the part of Hayt, Hayt & Landau that allegedly violate the act. Initially, the consumers assert that no attorney has actually reviewed the validity of their debt. Although the letters are written on a legal letterhead and claim to be from an attorney, they are allegedly not signed by anyone and are claimed to be of the "form" variety. The FDCPA strictly forbids misrepresentations regarding the review of a debt by an attorney in an effort to collect such debt. Secondly, the letters allegedly do not contain the statutorily required validation of debt. They allegedly do not provide consumers with any information relating to the correctness of the amount, the correctness of the interest claimed or if they debt is even valid and enforceable. Consumers claim that even if a debt is disputed by consumers, their personal information is not reviewed by an actual person in response top the dispute and the amount demanded is often incorrect and includes a statutorily illegal interest demand.

Consumers further claim that this conduct extends to collection complaints filed by Hayt, Hayt & Landau. Although they purport to be filed by Hayt, Hayt & Landau, consumers allege that no evidence exists to indicate that a human being actually reviewed the debt while preparing the complaint. Again, consumers allege that these complaints are merely generated by a computer program once the relevant personal information is entered into the program. Consumers further assert that these letters and complaints are generated by clerical staff and are rarely ever, if ever, reviewed by an actual attorney. According to consumers, Hayt, Hayt & Landau have generated thousands, and possibly tens of thousands, of collection letters and complaints similar to the ones upon which this action is brought--creating a substantial class of potential claimants. The firm itself claims to handle hundreds of thousands of claims per year.