Credit Collection Services Sued for Violations of the FDCPA |
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A class action lawsuit has been filed in the Eastern District Court of New York against Credit Collection Services, Inc., a New York based collection agency, 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 CCS mailed Mr. Emam a letter demanding payment of debt in February of 2004. The letter stated:
Please take a moment to slip a check into the enclosed envelope and mail it today. Note: …your delinquency may be reported to … credit bureaus if not paid promptly ….
Emam alleges that the language used demanding payment and "today" upon threat of derogatory credit reporting threateningly overshadows the thirty (30) day validation period guaranteed by the FDCPA.
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Other Credit / Debt Cases of Interest
A class action has been filed against Gold Banc Corporation, a Kansas bank doing business in western Oklahoma, by farmers who entered into loans with them and were charged high rates of interest on guaranteed loans by the Farm Service Agency (FSA). The class members seek compensation for interest paid, exemplary and punitive damages, and costs and attorney fees. A class action lawsuit has been filed in the Eastern District Court of Pennsylvania against Steinberg, Fineo, Berger & Fischoff, PC 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 an injunction specifying that the defendant cease communication with her, damages, reasonable attorney’s fees and cost of the litigation. On June 20, 2003, the court granted final approval to the parties' settlement of a class action against First Union Mortgage Company on behalf of persons who had a mortgage loan serviced by First Union as of April 1, 1998, and paid a $1 monthly fee for the receipt of a monthly mortgage statement to either First Union or Alliance Mortgage Company between April 1, 1998, and November 1, 2002. Claims must be received by July 8, 2003. A statewide class action, with possible national reach, has been filed in Indiana against Collection Specialists, Inc., collection attorney Alan R. Miller, Saint John's Health System and its director of accounts receivable, Philip D. Hilger. The action is brought on behalf of all individuals who have been subject to alleged illegal, intimidating, misleading and deceptive collection practices on the part of the named collectors. The action is brought under the federal Fair Debt Collection Practices Act, Indiana state law on statutory deception and breach of contract and the federal Racketeer Influenced
and Corrupt Organizations Act (RICO) and seeks actual, enhanced, treble and statutory damages as well as injunctive and declaratory relief.
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