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Case ID: 4714 | Credit / Debt | 03/21/2006
A Houston consumer protection attorney filed suit against Drive Financial Services, L.P. (Drive) alleging numerous violations of federal and state consumer protection laws while attempting to collect debts. According to the lawsuit, filed on behalf of Houston resident Velincia Plummer and others, Drive made it a practice to send people who fell behind in their payments a letter that violated the Federal Fair Debt Collection Practices Act and the Texas Debt Collection Act. Among other alleged violations, the letter threatens wage garnishment and pretends to be from an attorney or law firm, when in fact it was sent by Drive. Both are violations of consumer protection laws.
Federal and state consumer protection laws make it clear that lenders can’t use overly aggressive and threatening tactics in an effort to collect a debt,” said the Houston Lawyer. “This lawsuit should alert consumers that they can fight back when they receive a threatening demand by having it reviewed by an attorney. It may be a violation of federal or state law.” The Houston lawyer that filed the case believes that Drive, which boasts on its Web site that is has more than 10,000 dealer partnerships across North America, sent such letters to at least 800 -- and perhaps as many as 2,500 -- Texas residents. 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 statewide class action has been filed in Pennsylvania against Irv Borenstein, Esq. This action is brought on behalf of all Pennsylvania residents who, since December 5, 2002, have received a letter from Borenstein's law firm in an attempt to collect a debt. Consumers allege that certain language contained in the letters sent by Borenstein violate the federal Fair Debt Collection Practices Act and are seeking unspecified compensatory damages, statutory damages and injunctive and declaratory relief. A class action has been filed against attorney Elliot Rosenberg on behalf of all Connecticut residents who, since October 14, 2002, have received a threatening collection letter purporting to be from Mr. Rosenberg. Consumers allege that these collection letters are not actually sent by Mr. Rosenberg, but come from unknown sources simply using his name as a means of intimidation. Consumers claims that these actions are prohibited under the federal Fair Debt Collection Practices Act and they are seeking statutory damages as a result.
Less than a month after TJX, the parent company of TJ Maxx, disclosed in a Securities and Exchange Commission filing that more than 45 million credit and debit card numbers may have been stolen from its IT systems over an 18-month period, the company is being hit with a class-action law suit seeking "tens of millions of dollars." A statewide class action has been filed in Indiana against collection specialists Weltman, Weinberg & Reis, Co. LPA. The action is brought on behalf of all Indiana consumers who, since May 6, 2003, received form type collection letters from Weltman, Weinberg that contained a caption resembling a civil complaint, when in fact none had been filed. The action is brought under the federal Fair Debt Collection Practices Act and seeks statutory damages as well as injunctive and declaratory relief. A class action lawsuit has been filed in the Western District Court of Michigan against the law firm of Muller, Muller, Richmond, Harms, Myers & Sgroi, PC for violations of the Fair Debt Collection Act. The class seeks a declaratory judgment, an injunction, damages, attorney's fees and costs of the action. A letter was sent out last July or August about the theft of personal and financial information by an employee at Certegy Check Services, Inc. A settlement has now been reached about that theft. |
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