Consumer Sues Collection Agency over Misleading Language |
 |
A class action lawsuit has been filed in the Eastern District Court of Pennsylvania against NCO Financial Systems, 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 Rojo received a letter from NCO dated October 25, 2003 that stated that interest, at the rate of 15.99% was added to his account for non-payment of a debt. Rojo claims that the notice does not state whether the interest is assessable or not, when the interest was added or whether any portion of the principal amount of the debt also contains interest. Therefore, he alleges that the letter misrepresents the character, status and amount of the debt(s) and otherwise causes confusion to the consumer.
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
Federal laws regulating debt collectors hold them to strict standards for the protection of U.S. consumers. The class has been certified in an action filed against debt collector Coldata on behalf of all persons with Illinois addresses who were sent a letter on or after December 5, 2001, seeking to collect credit card debt containing a settlement offer of 50 percent or more with a specific deadline.
Several class actions have been filed against financial services company UICI (NYSE:UCI) and certain of its officers and directors by stockholders who purchased the company's common stock between January 17, 2000, and July 21, 2003. The actions claim 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. A statewide class action has been filed in New York against collections specialist, Trans-Continental Credit & Collection Corporation. The action is brought on behalf of all New York residents who have received collection letters from Trans-Continental that contain language that consumers claim is deceptive, unfair and contains false threats. The action is brought under the federal Fair Debt Collections Practices Act and seeks statutory damages as well as injunctive and declaratory relief. 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 Philadelphia woman has filed a multi-million dollar class action lawsuit against a Utah-based lender that makes payday loans through numerous Internet sites. Debt collectors have to abide by very strict rules when they make contact with someone who owes money. The class has been certified in an action filed against Equifax Check Services, Inc. on behalf of persons who have received collection letters from the company for checks that were written on accounts that had insufficient funds. The action alleges that the letters violate the Fair Debt Collection Practices Act by not fully disclosing that the company is a debt collector under federal law.
|