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Case ID: 4463 | Credit / Debt | 10/04/2005
Four loan officers filed a class action under Florida's new Minimum Wage Amendment to the Constitution on September 27, 2005. The lawsuit alleges unpaid minimum wages and a collective action against Residential Finance Corporation, and its two principal officers Michael Isaacs and David Stein, for failure to pay minimum wage and overtime compensation. "This may be the first class action filed under Florida's new minimum wage constitutional provision" states one of the Florida attorneys representing plaintiffs.
Plaintiffs seek to have their claims certified as a class action under Florida's minimum wage law and as a collective action under the Fair Labor Standards Act ("FLSA.") In order to participate in the FLSA lawsuit, loan officers, who worked for Residential Finance during the past three years must file a FLSA consent to join form, which may be obtained from plaintiffs' counsel. An attorney who represents the loan officers states "The financial services industry continues to ignore the fact that loan officers who perform inside sales and are paid solely on a commission basis are entitled to minimum wage and overtime compensation for hours worked over forty. These loan officers will also be able to recover liquidated damages and attorneys' fees and costs." 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 State and federal laws require that lenders deal with consumers in a straightforward and honest manner. The parties have reached a tentative partial settlement in a national class action against lenders First Union National Bank of Delaware, First Union Home Equity Bank, and First Union Home Equity Corporation on behalf of all persons who obtained a home equity or other loan that resulted in a mortgage from the lenders that was brokered or referred to First Union by either Pennsylvania Resource Corporation or First Liberty Financial Services at any time between May 10, 1995, and the eventual date of any judgment in the action.
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 on behalf of consumers nationwide who received collection letters from Zwicker and Associates purporting to be from or authorized by an attorney. The suit alleges that Zwicker’s letters were intentionally deceptive and failed to adhere to the requirements of the federal Fair Debt Collection Practices Act . A national class action has been filed in New York against collection specialists, JBC Legal Group, P.C. The action is brought on behalf of all U.S. residents who received alleged misleading and coercive "form" type collection letters from JBC. The action is brought under the federal Fair Debt Collection Practices Act and seeks statutory damages as well as injunctive and declaratory relief.
A statewide class action has been filed in Indiana against debt collection specialists, Statewide Credit Association, Inc. The action is brought on behalf of all Indiana residents who received form type collection letters from Statewide with language that overshadowed the federally mandated information regarding consumers' rights to dispute the validity of the debts which are under collection. The action is brought under the federal Fair Debt Collection Practices Act and seeks statutory, injunctive and declaratory relief. A class action has been filed in Florida against Butler & Hosch, P.A.. on behalf of all Florida residents who were required to pay prepayment penalties on mortgages that were accelerated as part of a foreclosure action. According to the mortgagees, Florida law does not permit the collection of prepayment penalties once a mortgage has been accelerated during foreclosure. The action is brought under the federal Fair Debt Collection Practices Act and Florida consumer laws. The mortgagees are seeking actual damages as well as the maximum statutory damages allowed under the FDCPA.
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