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Case ID: 3600 | Credit / Debt | 08/10/2004
A class action has been filed against debt collection agency Amsterdam & Lewinter, LLP, on behalf of all persons with New York state addresses, to whom a collection letter was sent between July 15, 2003, and July 15, 2004. The action alleges that the defendants violated the federal Fair Debt Collection Practices Act (FDCPA) by using deceptive trade practices in its attempts to collect an alleged debt. The lawsuit seeks as much as $500,000 in statutory damages.
The action alleges that named plaintiff Carmen Diaz received a collection letter on April 1, 2004, which stated that she owed money to Rosedale Gardens, Inc. The letter allegedly stated, in part, “You have thirty (30) days from receipt of this notice to dispute the debt in writing.” The lawsuit alleges that this statement violates the FDCPA, because consumers are not required to dispute the validity of debts in writing-- for a debt collector to assert otherwise makes it liable $1000 in damages for each erroneous letter it sends, up to the lesser of $500,000 or 1% of its net worth. The FDCPA contains very specific rules that debt collectors must follow: Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing -- • the amount of the debt; • the name of the creditor to whom the debt is owed; • a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector; • a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and • a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. If any of these provisions is not followed exactly, a debt collector may find itself liable for damages. 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 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 statewide class action has been filed in Missouri against Greensboro Home Equity, Inc. and Household Financial Services, Inc. The action is brought on behalf of all Missouri residents who borrowed money from Greensboro or Household where the promissory note contained a pre-payment penalty in excess of 2% of the loan value or which assessed any prepayment penalty more than five years after the closing date of the loan. The action is brought under Missouri consumer protection law and seeks compensatory, statutory and punitive damages as well as injunctive and declaratory relief. A class action lawsuit has been filed in federal court against Safeco Insurance Company of America. Although originally filed in Orange County (California) State Superiof Court, the case has been removed to the federal court system at the request of the defendants. The case involves violations of federal fair credit reporting law. No additional information about the substance of the allegations is available at this time. Classactionamerica.com will monitor this case and provide additional details as soon as they become available. Ralph Brooks, Jr., a Philadelphia man man who was shot and disabled when he was six years old, filed a lawsuit against Wachovia Bank, charging that the bank charged "sweep fees" for funds held in mutual funds set up with donations at the time of the shooting. A class action has been filed in Maryland against Ocwen Federal Bank FSB on behalf of all mortgage borrowers who, since October 23, 1991, have been charged allegedly unlawful inspection fees by Ocwen. Consumers allege that Ocwen has violated state consumer debt collection and commercial laws and has breached its contract with consumers. Consumers are seeking compensatory, statutory and punitive damages, declaratory relief and a permanent injunction and the disgorgement of funds obtained through unjust enrichment.
A class action has been filed against debt collector Allied Interstate, Inc. on behalf of individuals within the state of New York who received collection letters from Allied Interstate containing language alleged to violate the fair debt collection practices act. The case seeks damages, attorney’s fees and costs. |
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