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Case ID: 3515 | Credit / Debt | 06/29/2004
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.
According to consumers, Weltman, Weinberg'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 Weltman, Weinberg included, in their initial communication, a legal style caption that resembled the heading of a civil lawsuit. This caption allegedly included the name of the party for which Weltman, Weinberg was attempting to collect a debt with the abbreviation "vs" the party from which the firm was attempting to collect a debt. The caption allegedly also included the court name and a partial docket number. The consumers claim this caption was misleading as well as false because at the time of the initial communication, no legal proceedings had been initiated by the Weltman, Weinberg. Additionally, the consumers claim that Weltman, Weinberg further violated the act by not providing consumers with written validation of the alleged 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. 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, Weltamn, Weinberg failed to do so after receiving a written request for such information from consumers. 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 If you get e-mail from an unfamiliar sender, it is usually best to just delete it. The parties have reached an $815,000 settlement in an enforcement action filed against ClickForMail.com, Inc., doing business as AllPreApproved.com, and Harvey B. Vaughn, III, on behalf of consumers who were targeted in an e-mail scam that promised major, unsecured credit cards with credit limits up to $5,000 for an advance fee of $49.95 in violation of the Federal Trade Commission Act. Persons who paid money under this scheme should contact the Federal Trade Commission for information about participating in the settlement. A Philadelphia woman has filed a multi-million dollar class action lawsuit against a Utah-based lender that makes payday loans through numerous Internet sites. A class action has been filed against First Union Bank and members of its retained law firm for violations of the Fair Debt Collection Practices Act for deceptive banking acts, statutory deception and for money had and received. He seeks damages, costs and attorneys' fees. A class action lawsuit has been filed on behalf of Maryland residents who were charged a $5 fee in order to cash a paycheck issued by Bank of America NA at one of the bank's branches. The lawsuit contends that the bank's issuance of this fee is unfair and that the bank is deceitful in its failure to disclose the fee or to advise consumers as to how to avoid the fee. The lawsuit seeks a refund of the check cashing fees and other damages. A nationwide class action has been filed in Kentucky against mortgage insurance giant, Triad Guaranty Insurance Corporation. The action is brought on behalf of all U.S. residents who have obtained mortgage insurance from Triad at a less than best rate, and have not been informed that an adverse decision was made against them as a result of utilizing a credit report. The action is brought under the federal Fair Credit Reporting Act and seeks actual and statutory damages as well as injunctive and declaratory relief. A class action has been filed on behalf of consumers who purchased the “Thinking 21C” program from education and consulting services provider/retailer Stratia Group. The complaint alleges that Stratia claimed that “Thinking 21C”, a collection of DVD’s and associated counseling services, would “open the eyes of purchasers to the way the world really works”. The program promised to reveal “intricacies and loopholes” that purchasers could use to eliminate debt and increase wealth. Plaintiffs contend that in fact, after purchasing the program, Stratia provided bogus and fraudulent debt counseling services that had the effect of dramatically worsening the plaintiff’s debt and credit problems. Plaintiffs seek damages of 2.25 million per count in the eight count complaint, together with treble punitive damages. |
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