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Case ID: 4013 | Credit / Debt | 12/07/2004
A class action lawsuit has been filed in the Eastern District Court of Pennsylvania against National Action Financial 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 damages, attorney's fees and costs of the litigation.
Specifically, the complaint alleges that National Action Financial Services (NAFS) was hired by Capital One Bank to collect a credit card debt owed by Eileen Wertz. NAFS sent Wertz a collection letter on June 28, 2004 that was allegedly false, deceptive, misleading and unfair in that it did not contain the required validation/verification information required by the FDCPA which tells consumers that they have 30 days to dispute the validity of all or a portion of the debt. The letter used the following language: Your account is seriously past due and must be paid in full or we will proceed with appropriate collection activity. Please remit the entire balance due to our office using the return envelope provided. Wertz alleges that this language violates the FDCPA and has brought this lawsuit as she claims that she has sustained actual damages, including, but not limited to, emotional and mental pain and anguish and that she will continue to suffer the same for an indefinite time in the future. 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 national class action has been filed in California against internet giant, Yahoo!, Inc. The action is brought on behalf of all U.S. residents who have purchased credit repair services from Yahoo!, known as "Yahoo! Credit Manager." The action is brought under the federal Credit Repair Organizations Act as well as common law contract and seeks compensatory, punitive and statutory damages as well as disgorgement of profits, injunctive relief and the establishment of a constructive trust. A class-action suit was filed in the U.S. District Court of Arizona alleging that CareMark Rx, Inc. intentionally concealed revenue in order to avoid paying certain commissions owed to consultants who marketed and sold its services. A class action lawsuit has been filed on behalf of uninsured patients who received and were billed for medical care by any hospital within the Seattle based Providence Health Systems network of hospitals. The suit contends that Providence billed its uninsured patients at rates far in excess of the rates employed for insured patients and that this practice was and is both discriminatory and illegal. A class action lawsuit has been filed in U.S. District Court for the Southern District of New York against Mortgage It, Inc. The case involves violations of federal labor 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. A class action has been filed against the Hartford Financial Services Group (NYSE: HIG) and certain of its officers and directors by stockholders who purchased the company’s common stock between November 5, 2003 and October 13, 2004. The action claims that the defendants violated federal securities laws by issuing a series of material misrepresentations to the market over this time period, thereby artificially inflating the price of the company’s securities. The stockholders seek to recover compensatory damages for the loss of value of their stock. A class action has been filed against Attorney Arthur S. Corrales of Florida by Marie Charlys of New York for falsely representing T-Mobile in debt collection activity in violation of the Fair Debt Collection Act. Charlys seeks statutory damages, costs and attorney's fees. |
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