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Case ID: 3508 | Credit / Debt | 06/29/2004
A statewide class action has been filed in Pennsylvania against collection specialists Debt Enforcement Bureau, Inc. The action is brought on behalf of all Pennsylvania consumers who, since May 12, 2003, received form type collection letters from Debt Enforcement that contained language regarding potential lawsuits as well as mentioning the Sheriff's Department. 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, Debt Enforcement's collection attempts grossly violate the Fair Debt Collection Practices Act. Under the Act, it is forbidden to engage in any communication that is misleading, untrue or coercive when attempting to collect a debt. The consumers allege that Debt Enforcement included, in their initial communication, text, highlighted in bold, that demanded immediate payment of the debt. Additionally, the letters made specific mention of lawsuits that may have already been filed as well as service of such suits on the consumers by the Sheriff's Department. According to consumers, this language was designed specifically to mislead and coerce them into making an immediate payment of the debt. The consumers claim that they were given the impression that unless an immediate payment was made, a lawsuit was to be filed against them and the Sheriff would visit their homes, possibly to collect the debt from them. They claim that no such action was intended by Debt Enforcement and that the warnings were designed strictly to illicit immediate payment from them. Furthermore, the consumers claim that this alleged coercive language violated the Fair Debt Collection Practices Act by overshadowing and rendering ineffective the statutorily mandated information regarding disputing the debt. Under the Fair Debt Collection Practices Act, consumers have up to 30 days from an initial communication from a debt collector to dispute the validity of the debt under collection. This information must be included in either the initial communication, or a follow up communication within five days of the initial. If a consumer disputes the debt, the debt collector must provide the consumer with factual details verifying the validity of the debt. According to the consumers, the language contained in Debt Enforcement's letters clearly overshadowed this information and created a belief in consumers that the debt could not be disputed, only paid and paid immediately. For these reasons, the consumers claim that they are entitled to statutory damages of up to $1000 per violation. The consumers also claim that the class is very numerous and includes hundreds, and perhaps thousands of potential claimants. 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 class action has been filed in Kentucky against the Serban Law Offices and Attorney Daniel Serban. The action is brought on behalf of all Kentucky residents who since October 17, 2002, have received a collection "form" letter from the Serban Law Offices or Daniel Serban. The action alleges that these "form" collection letters do not meet the requirements of the federal Fair Debt Collection Practices Act.
A statewide class action has been filed in Indiana against Capital Recovery Associates, Inc. who operate under the name CRA Security Systems. The action is brought on behalf of all Indiana residents who received a form type collection letter demanding immediate payment of the consumers’ alleged debt. The action is brought under the federal Fair Debt Collection Practices Act and seeks statutory damages as well as injunctive and declaratory relief. A statewide class action has been filed in Indiana against collection specialists Weltman, Weinberg & Reis, Co. LPA. The action is brought on behalf of all Indiana consumers who, since May 6, 2003, received form type collection letters from Weltman, Weinberg that contained a caption resembling a civil complaint, when in fact none had been filed. The action is brought under the federal Fair Debt Collection Practices Act and seeks statutory damages as well as injunctive and declaratory relief. A class action lawsuit has been filed in the Northern District Court of Alabama against Franklin Collection Services, Inc. for violations of the Fair Debt Collection Practices Act (FDCPA). Class members seek actual and statutory damages, attorney's fees and costs of the litigation. 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 statewide class action has been filed in Pennsylvania against Irv Borenstein, Esq. This action is brought on behalf of all Pennsylvania residents who, since December 5, 2002, have received a letter from Borenstein's law firm in an attempt to collect a debt. Consumers allege that certain language contained in the letters sent by Borenstein violate the federal Fair Debt Collection Practices Act and are seeking unspecified compensatory damages, statutory damages and injunctive and declaratory relief. |
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