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Case ID: 3081 | Credit / Debt | 01/23/2004
A statewide class action has been filed in California against collection specialist, ARS National Services, Inc., who operate as Associated Recovery. 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.
This action arises from the alleged policy of Associated in which they include in their collection letters an offer to settle the outstanding debt for a reduced rate. The settlement offer is, according to the letters, a limited offer, requiring immediate payment. According to consumers, this offer is misleading and deceptive because Associated is allegedly always prepared to negotiate a settlement for a lesser amount. Thus, the language requiring immediate action is allegedly deceptive to consumers because they are given the impression that they need to act immediately in order to have an opportunity to discharge the debt at a reduced rate. The consumers claim that this has a coercive effect, limiting their ability to challenge the validity of the debt and limiting their ability to make an informed decision about the debt. The consumers allege that these letters are standard “form” type letters, mailed to thousands of consumers and that, as a result, the class in this case is potentially quite numerous. 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 nationwide class action has been filed in New York against Pressler & Pressler, P.A. The action is brought on behalf of all consumers who, since December 1, 2002, received a "form" type collection letter from Pressler & Pressler attempting to collect a debt for Capital One Bank that included a legal style caption on the letter. According to consumers, Pressler & Pressler has violated the federal Fair Debt Collection Practices Act by making false and misleading assertions in an attempt to collect a debt. Consumers are seeking unspecified compensatory and statutory damages, disgorgement of profits and declaratory and injunctive relief. A class action lawsuit has been filed in the Eastern District Court of Pennsylvania against NCO Financial Systems, Inc. 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. California law requires that mortgage companies fully disclose all charges and fees related to the origination of a residential loan. On July 28, 2003, the court granted final approval to the parties' $12.6+ million settlement in a class action against AccuBanc Mortgage Corporation and National City Mortgage Company on behalf of all persons who paid document preparation, documentation or document processing fees, processing fees, administrative fees, underwriting fees or wire fees to either or both of the companies in connection with the origination of a residential mortgage in California between May 3, 1996, and April 21, 2003. You may be eligible to receive a Court-approved refund of fees charged to your eligible cards, which are Visa, Mastercard, and/or Diners Club credit, charge, and/or debit/ATM cards. The fees were based on foreign transactions, including both purchases and ATM wihdrawals, from February 1, 1996 to November 8, 2006. Auditing firms that don’t report accounting errors are in trouble these days. A class action has been filed against law firm Ernst & Young, LLP, on behalf of NextCard, Inc. shareholders who purchased NextCard securities between April 19, 2000, and October 30, 2001. The shareholders allege that the law firm, acting as NextCard’s auditor, actively participated in a scheme to defraud them in violation of federal securities laws. A class action lawsuit has been filed in the Southern District Court of Ohio against Javitch Block and Rathbone LLP 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 compensatory damages (including damages for humiliation), attorney's fees and costs of the litigation. |
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