New York Residents Challenge Collection Information Bureau's Collections |
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A statewide class action has been filed in New York against collections specialist, Collection Information Bureau. The action is brought on behalf of all New York consumers who received "form type" collection letters from Collection Information at any time since March 11, 2003. The action is brought under the federal Fair Debt Collection Practices Act and seeks statutory damages as well as injunctive and declaratory relief.
According to consumers, Collection Information has engaged in an intentional course of action aimed at defrauding consumers. Consumers claim that Collection Information has willfully failed to include in its letters its license number with the New York office of consumer affairs. The consumers allege that this was done in an effort to thwart any possible complaints from being filed against the company and impinges on their rights under federal and state law. The consumers also claim that this failure is a violation of the Fair Debt Collection Practices Act, which requires written communications issued by debt collectors to include all applicable license numbers. The consumers additionally claim that the collection letters further violate the act through the use of false, deceptive and misleading tactics in an effort to collect an alleged debt.
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Other Credit / Debt Cases of Interest
Lenders have to be very careful to correctly tell debtors their rights, or they will find themselves the subject of legal action. A class action has been filed against mortgage servicing company Fairbanks Capital Corporation on behalf of homeowners who allege that the company violated the federal Fair Debt Collection Practices Act and the Illinois Consumer Fraud Act when it allegedly attempted to foreclose on non-delinquent loans and failed to disclose certain information required by the acts. The action seeks unspecified damages, and an order that will force Fairbanks to stop its allegedly predatory lending practices. A class action lawsuit has been filed on behalf of New York residents who received collection letters from National Asset Management. The suit alleges that Affiliated failed to adhere to the requirements of the federal fair debt collection practices act in its interactions with debtors. A statewide class action, with possible national reach, has been filed in Indiana against Collection Specialists, Inc., collection attorney Alan R. Miller, Saint John's Health System and its director of accounts receivable, Philip D. Hilger. The action is brought on behalf of all individuals who have been subject to alleged illegal, intimidating, misleading and deceptive collection practices on the part of the named collectors. The action is brought under the federal Fair Debt Collection Practices Act, Indiana state law on statutory deception and breach of contract and the federal Racketeer Influenced
and Corrupt Organizations Act (RICO) and seeks actual, enhanced, treble and statutory damages as well as injunctive and declaratory relief.
A class action lawsuit has been filed against H&R Block, a national tax preparation company, in the Southern District Court of West Virginia for violations of federal banking laws. Class members seek damages, attorney's fees and costs of the litigation. It's scary to think about, but every American with a credit card or bank account is being tracked very carefully. The parties have reached a tentative nationwide settlement in three related actions filed against the three major credit reporting bureaus, Experian Information Solutions, Inc., Equifax Information Services, LLC, and Trans Union, LLC on behalf of consumers whose credit reports reflected a bankruptcy reference on joint accounts after April 20, 1998, without making it clear that the person who was the subject of the credit report was not the one who had actually filed bankruptcy. Consumers who are eligible to participate in these actions do not need to take any action to be considered class members.
Discrimination takes many forms, all of them insidious. The parties have reached a final $1.2 million settlement in an action filed against Flagstar Bank, FSB, on behalf of white customers who alleged that the lender charged them higher fees than minorities in violation of federal and state lending laws. Parties who have not been notified of the settlement should contact the class attorneys as soon as possible.
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