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Case ID: 3163 | Credit / Debt | 02/16/2004
A statewide class action has been filed in Indiana against the Millikan Law Office and James E. Millikan. The action is brought on behalf of all Indiana residents who have had litigation initiated against them by Millikan in an effort to collect a debt. The action is brought under the federal Fair Labor Standards Act and seeks statutory damages as well as injunctive and declaratory relief.
According to consumers, The Millikan Law Office and James E. Millikan specialize in debt collection. Consumers allege that Millikan is often hired by creditors in order to collect debts through litigation. However, consumers allege that Millikan's litigation tactics violate the federal Fair Labor Standards Act. Specifically, consumers assert that Millikan does not provide them with any written notice of his intention to collect a debt on behalf of a third party and does not provide the statutorily required validation information under the Act. Under the Fair Labor Standards Act, consumers are given 30 days to dispute the validity of a debt that a debt collector is attempting to collect. This notice must be provided within five days of the initial communication between the debt collector and consumers. According to the consumers, Millikan simply files a complaint in small claims court and does not follow it up with any additional communication. Consumers allege that their first and only notice of Millikan's collection attempts is when they are served with a copy of the complaint. 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 Financial-services firm Edward Jones has signed a tentative agreement to settle nine class action suits in connection with the firm's mutual fund revenue sharing practices. Debt collectors have to abide by very strict rules when they make contact with someone who owes money. The class has been certified in an action filed against Equifax Check Services, Inc. on behalf of persons who have received collection letters from the company for checks that were written on accounts that had insufficient funds. The action alleges that the letters violate the Fair Debt Collection Practices Act by not fully disclosing that the company is a debt collector under federal law.
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