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Case ID: 3814 | Credit / Debt | 10/19/2004
A class action has been filed against Wachovia 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.
Specifically, the complaint alleges that Kevin L. Fackler defaulted on a debt of approximately $101,000 owed to First Union Home Equity Bank in 2003. Wachovia Bank has since acquired First Union and owns right, title and interest in Mr. Fackler's debt. First Union's attorneys had sent him dunning letters claiming that he owed more than $101,000, sought to foreclose on the loan for the unpaid balance with a default interest rate of 13.3 percent and sought to charge him for "attorney outsource fees". Mr. Fackler alleges that the letters he received were confusing, misleading and fail to state the amount of debt owed. Mr. Fackler also claims that the Bank failed to give credit for over $25,000 in payments made to it. 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 The District Court in Kingfisher County, Okla., certified a suit against Gold Banc Corp. Inc. involving Farm Service Agency loans as a class action. Gold Banc said in a written release that it had received an order from the court. The lawsuit alleges that Gold Banc's Gold Bank subsidiary violated FSA regulations by charging interest rates and fees on FSA-guaranteed agricultural loans that were higher than the interest rates and fees it charged its average agricultural customers. A class action has been filed against the Ford Motor Credit Company on behalf of all Florida residents who leased cars from Ford between October 16, 1998, and October 16, 2003, and who paid "taxes" on itemized fees for wear and tear, excessive mileage and disposition of the vehicles at the end of their lease. The lessees claim that these "taxes" were merely hidden fees and that Ford either pocketed the "tax" money, or benefited from it prior to forwarding it to the Department of Revenue.
A nationwide class action has been filed against credit repair service QCS Online, Inc., which does business as Quality Credit Services, on behalf of persons who paid the company up front for credit repair services. The action alleges that the company violates the federal Credit Repair Organizations Act by accepting payment before any promised service has been fully performed, and seeks unspecified compensatory and punitive damages. A class action lawsuit has been filed in the Southern District Court of Indiana against Diversified Collections Services, Inc. for violations of the Fair Debt Collection Practices Act (FDCPA) which prohibits debt collectors from engaging in abusive, deceptive and unfair collection practices. Class members seek statutory damages, reasonable attorney’s fees and costs of the litigation. A statewide class action has been filed in Indiana against the Millikan Law Office and James E. Millikan. The action is brought on behalf of all Indiana residents who have had litigation initiated against them by Millikan in an effort to collect a debt. The action is brought under the federal Fair Labor Standards Act and seeks statutory damages as well as injunctive and declaratory relief. A statewide class action has been filed in California against collection specialist, Bridgeport Financial, Inc. The action is brought on behalf of all California consumers who have received collection letters from Bridgeport that required them to dispute the validity of the debt under collection in writing only. The action is brought under the federal Fair Debt Collection Practices Act and seeks statutory damages as well as injunctive and declaratory relief. |
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