Our expertise in FDCPA cases is lengthy, having been involved in the defense of these cases since the inception of the Act. We possess extensive experience representing collection agencies in actions including claims of negligent collection procedures, intentional misconduct, and violation of the FDCPA and Fair Credit Reporting Agencies Act. We have acted as regional counsel for several insurers in this area and have several American Collectors Association (ACA) attorney members (MAP attorneys).
Since the early 1980's attorneys in our firm have represented collection agencies and lenders in FDCPA claims, and we have defended several class action cases in the Federal Court in Los Angeles alleging violations of the Truth in Lending Act, and involving definitions of interest and penalties under state and federal law. Our lawyers also assist collection agencies by reviewing their consumer letters for compliance with federal statutes prior to use and lecture to collection agency groups and at creditors' seminars and conventions.
Some of the representative cases we have handled include:
- An as-yet uncertified class action involving a letter requesting the debtor call to settle at a discount, and when the debtor calls, there is no such discount. The complaint alleges that this activity is fraudulent under FDCPA section 1692(e).
- A case involving an initial notice in which the validation notice did not include language as to the debtor's right to dispute "any portion" of the debt.
- A case involving an agency's letters to debtors in which the agency's letterhead included a misleading logo which looked similar to a government seal. It was also contended that the agency misrepresented itself as a credit bureau.
- A class action matter in which plaintiffs allege that language in the dunning letters referring to debtors' having a "valid reason" not to pay overshadows the validation notice.
- Physical threats and harassment by a debt collector attempting to collect a debt from a debtor.
- A debt collector who used a subterfuge and called an elderly debtor saying he was calling to advise her that her son (who was in the military) had been injured, in order to get her to the telephone, and then berated her for not paying her debts. The woman suffered a stroke and was hospitalized as a result of the collector's action.
- A case involving letters on an agency's letterhead that allegedly misrepresent the agency's affiliation with certain credit bureaus.
- A matter in which plaintiff filed a class action against a debt collector alleging various threatening and harassing activities by the debt collector, in which we were able to obtain a dismissal of the class allegations during the pleading stages of the litigation.
- Many cases involving claims of intentional infliction of emotional distress, abuse of process, invasion of privacy, battery and other causes of action.