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Case ID: 4087 | Credit / Debt | 12/21/2004
A class action lawsuit has been filed in the Eastern District Court of Pennsylvania against RCS Center Corporation, a California-based collection agency, for violations of the Fair Debt Collection Practices Act (FDCPA). The FDCPA prohibits debt collectors from engaging in abusive, deceptive and unfair collection practices. Class members seek an injunction from having RCS communicate with the lead plaintiff, damages, attorney's fees and costs of the litigation.
Specifically, the complaint alleges that Gilbert Diamond owed a debt to American Express which RCS attempted to collect. RCS sent Diamond a dunning letter which gave him a "special, one-time opportunity" to settle his account within thirty (30) days or face an increased amount owed on the debt. Three months later, RCS sent another letter which offered the same arrangement, only this time the settlement amount was less. Diamond claims that RCS's tactics are false, deceptive and misleading as the "one-time" offer turned into two offers and the amount that RCS would settle for decreased instead of increased as their original letter had stated. 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 class action lawsuit was recently filed against U.S. Bank of California for charging employees of business payroll accountholders a $10 fee to cash their paychecks. Many of these employees are lower-paid workers who do not hold personal checking accounts and rely on their employers' banks to cash their checks. Do you ever feel swamped by all those pre-approved credit card offers that show up in your mailbox? On November 22, 2004 the court granted final approval to the settlement agreement submitted by the parties in a class action that had been filed against Fleet Bank (R.I.), N.A. on behalf consumers who alleged that the credit card issuer mislead them by promising a "fixed" low interest rate on its credit cards and then raising the rate just one year later in violation of state unfair trade practices laws and the federal Truth in Lending Act. The action sought unspecified compensatory and punitive damages.
The California State Teachers' Retirement System has reached a preliminary settlement of $17.5 million with PricewaterhouseCoopers in a class action lawsuit accusing the accounting firm of violating its professional responsibilities in its audits of Homestore.com Inc. in 2000 and 2001. Whether it is a home loan, a car loan, or a debt consolidation loan, borrowers must be wary of predatory lenders. In many cases, a predatory lender will use deception, high-pressure sales tactics, or excessive fees to lock a borrower into a cycle of debt. All too often, the borrower victimized by a predatory lender ends up in bankruptcy, or loses his home, or is forced into a cycle of debt. A class action lawsuit was filed in the Southern District Court of Indiana against Professional Recovery Systems, LLC, a Colorado-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. A class action has been filed in Pennsylvania against collection specialist, NCO Financial Services, Inc. The action is brought on behalf of all Kentucky and Pennsylvania residents who received a collection letter from NCO Financial which included a due date for payment, a date which consumers claim has the effect of overshadowing the statutorily required statement entitling consumers to challenge the validity of the alleged debt. 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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