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Consumer

Robot Making Telephone Call

Plaintiff Bradly Marks alleges in this complaint that Health Line One, doing business as Insurance Line One, called his cell phone and attempted to sell him health insurance, in violation of the Telephone Consumer Protection Act (TCPA). Marks asserts that the company made more than one call to him, and that the calls were made using an automatic telephone dialing system and using an artificial or pre-recorded voice. He claims that he had not given the company his consent to receive such calls and that they were intrusive, a nuisance, an expense, and a distraction.

Percentage Sign with Upward Arrow

According to the complaint for this class action, plaintiff Lazarao Cintron was charged more interest than the state usury law allows. Prosper, Inc. gave Cintron a personal loan of $4,000 at 17.99% interest, the complaint alleges, under a contract which had a New Jersey choice of law provision. However, under the usury laws for the state of New Jersey, the maximum permissible rate of interest is 16%. Later, Prosper transferred or assigned the loan to Monterey Financial Services, which also attempted to collect the loan with its excessive interest rates.

Stormy Sky and Stop Sign Saying "Unfair"

The Fair Debt Collection Practices Act (FDCPA) strictly requires that debt collection letters not make false statements, but the complaint for this lawsuit alleges that the debt collection letter sent to plaintiff Leonard Antonelli by Lori C. Greenberg & Associates misstates the amount of Antonelli’s alleged debt. Accompanying the letter was an unfiled complaint that showed the same amount and that admitted that it included attorneys’ fees and court costs in the amount of $280 and $70 respectively, or $350 total. At the time of the letter, the complaint claims, no lawsuit had yet been filed, no judgment had been entered against Antonelli, and no such amount had been awarded to the company by any court.

Immediate Credit Recovery Logo

The Fair Debt Collection Practices Act (FDCPA) specifies that when a debt collection attempts to collect a debt via a letter, it must include certain information in the letter—and it must not contradict or overshadow that information by other statements that might confuse the “least sophisticated consumer” who might receive such a letter. According to the complaint for this class, action, Immediate Credit Recovery, Inc. sent a letter to plaintiff Kimali Q. Corley that says, “if you do not dispute the validity of this debt, and to prevent further collection activity from being taken, you must make payment in full directly to Immediate Credit Recovery, Inc.” According to the complaint, this statement could confuse an unsophisticated consumer about her rights, because it overshadows the right to dispute the debt.

Computer Credit Logo

Plaintiff Jennifer Mizrahi allegedly owes a debt for care received at Maimonides Medical Center, but when Computer Credit, Inc. attempted to collect that debt, the complaint for this class action claims that its communications with Mizrahi were confusing enough to violate the Fair Debt Collection Practices Act (FDCPA). Among the information to be included in a debt collection letter is (1) the fact that the consumer can dispute the debt within the next thirty days, and (2) the name of the creditor to whom the debt is owed. This information must be stated clearly enough that an unsophisticated consumer can understand it, and it must not be overshadowed or contradicted by other statements or information. The complaint claims that the information is not clearly stated and/or is overshadowed by other statements in the letter.

Fair Debt Collection Practices Act, Words and Seal

Beginning around June 2017, IQ Data International contacted plaintiff Katherine Tohanczyn, trying to collect a debt from her. Tohanczyn did not believe she owed the debt, but according to the complaint for this class action, IQ Data refused to do anything to validate the debt. The complaint alleges that IQ Data reported the debt on Tohanczyn’s consumer report, continued to call her multiple times to try to obtain payment, and continued to provide derogatory information on the alleged debt to credit reporting agencies.

Fair Debt Collection Practices Act Image

When Corey Delon Gordon, Sr. obtained a copy of his credit report, the complaint for this class action alleges, he saw on it tradelines in the name of Specialized Loan Servicing (SLS) indicating a debt, and wrote to SLS, asking for validation and verification of the debt. But according to the complaint, SLS did nothing, continuing to report the debt to credit agencies without indicating that it was disputed—which is not simply annoying but a violation of the Fair Debt Collection Practices Act (FDCPA).

Entry to Public Storage in Goleta, CA

Ann Fox had rented a self-storage unit in Goleta, California since 2003. When Public Storage took over the facility in 2006, the complaint for this class action alleges, it began to put into practice its policy of increasing rental fees at least once a year and to auto-debit customer accounts for the higher amounts without sending them notice that their rental fees had been raised. According to the complaint, this is a violation of the Electronic Funds Transfer Act (EFTA) and of the California Automatic Purchase Renewal Statute (CAPRS).

Poland Spring

Is Poland Spring water from an actual spring? The complaint for this class action alleges that the real Poland Spring in Maine ran dry nearly fifty years ago and that the “spring” the company now claims produces its water in that location is at the bottom of a lake. At its other sites, the complaint says, the company has built man-made “springs” via three methods: (a) causing well water to flow through pipes or tubes into wetlands, (b) inserting wells into the ground to tap the water table and force water to the surface, and (c) excavating pits in the ground that intercept the water table and form man-made pools. None of these, the complaint says, meets the FDA definition of “spring” nor can water taken out of them be called “spring water.”

An Oakmont Senior Living Facility

Oakmont Senior Living’s admissions contracts claim that residents will receive the care that they individually require, that facility staff will determine what care is needed, and that the amount of care will determine the care fees paid each month. The catch, the complaint for this class action alleges, is that staff are not hired on the basis of these needs. The complaint alleges that Oakmont’s headquarters sets budget, and presses its executive directors to stay within the budgets, so that Oakmont does not employ enough staff to meet resident needs, leading to severely understaffed facilities.

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