A deceptive-practices lawsuit against Pressler & Pressler, New Jersey’s largest collections firm, is moving forward as a class action. U.S. District Judge Katharine Hayden in Newark certified a class of individuals who allege misrepresentations in a form letter they received from the debt-collecting firm. The form letter in question offered to settle and said once…
Debt buyer Midland Funding LLC agreed to pay Minnesota $500,000 to settle a lawsuit filed last year by Minnesota Attorney General Lori Swanson. The lawsuit accused the company of robo-signing affidavits in collection lawsuits and sometimes targeting the wrong people for payment of debts it bought from banks and credit card companies. Midland Funding, a…
Hackensack law firm Forster, Garbus & Garbus has agreed to pay $35,000 to settle claims that it filed hundreds of debt collection suits against consumers without individual attorney review. The firm allegedly violated the federal Fair Debt Collection Practices Act, 15 U.S.C. 1692e(3), by giving a false impression that an attorney was involved in the…
Capital One first demanded Perry pay $3,845 for purchases on a credit card. Perry disputed the debt and turned the letter over to her family lawyer, who wrote Capital One to cease and desist contacting Perry directly. Disregarding the letter, Capital One allegedly stepped up collection efforts, placing more calls to Perry and claiming that it was doing so because the lawyer did not make a substantial settlement offer to resolve the account. Telephone calls were made to her home and workplace, where she alleges, her employer does not allow personal calls.
Roughly 94% of collection cases filed against borrowers result in default judgments in favor of the debt buyer, according to industry estimates. The majority of borrowers don’t have a lawyer, some don’t know they are even being sued, and others don’t appear in court, say judges.
Regardless of what kind of medium debt collectors use to reach consumers, they are prohibited from revealing information to third parties and cannot make false, deceptive, misleading or harassing representations.
Locating her social networking site also helped them find relatives’ Facebook pages. Then, she alleges in a lawsuit, they sent messages on the social networking site to a sister and a cousin of hers, prompting a wider family discussion about Beacham’s financial situation,
Chicago debt collection law firm Friedman & Wexler has apparently shut down as its fights lawsuits claiming it withheld money from clients. Calls to the law firm’s main number aren’t being answered, and an e-mail sent to one of its employees says the firm is winding down, the Chicago Tribune reports. The firm handled thousands…
If the attorney has not reviewed the consumer file, he or she could not sue as no facts would be known to the attorney and threats of legal action would be deceptive
