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National Class Action Targets JBC Legal Group's Collection Practices |
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A national class action has been filed in New York against collection specialists, JBC Legal Group, P.C. The action is brought on behalf of all U.S. residents who received alleged misleading and coercive "form" type collection letters from JBC. 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, JBC has utilized unfair, deceptive and misleading tactics to collect debts for third parties. Particularly, consumers claim that JBC did not include in its initial collection letter, or within five days of such letter, the validity notice required by the Fair Debt Collection Practices Act. Under the Act, those attempting to collect a debt for a third party must inform those from whom they are attempting to collect of their right to dispute the validity of the alleged debt within 30 days of initial communication. Generally, this notice is provided as part of the initial communication. However, it must be provided no later than five days after such communication. Additionally, the consumers claim that JBC engaged in threatening, misleading and coercive behavior. According to consumers, the letters threatened legal action if payment was not made immediately. The consumers further claim that the letters claimed such action would be taken without prior notice to consumers. Finally, the consumers allege that JBC represented in its letters that it was a law office, when in fact it is not. Under the Fair Debt Collection Practices Act, it is required that an attorney actually review a debtor's file personally before representing to such debtor that a licensed attorney is involved with the collection. Under the Act, any false, misleading, coercive or unfair practices are specifically forbidden. The consumers claim that JBC’s actions in failing to inform consumers about their right to dispute the debt in question, threatening immediate and unjustified litigation and in making false representations about the involvement of attorneys in the collection action clearly satisfy this standard, entitling them to damages.
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