The complaint for this class action alleges that Duane Morris, LLP and two of its attorneys, Ruth P. Clayton and Danielle Rundlett Burns, have violated two debt collection laws. The laws are the Fair Debt Collection Practices Act (FDCPA) and the Florida Consumer Collection Practices Act (FCCPA), both of which deal with consumer debt.
The class for this action is
The complaint cites a number of alleged violations that center around several communications:
The complaint cites several problems with the communications that violate the FDCPA, the FCCPA, or both laws.
The statements cited in the class definition are objectionable, the complaint says, because of their wording. The complaint claims that the wording should be, “…will be assumed to be valid by the debt collector.”
The complaint also alleges that the Demand Letter was the initial communication, and that since both it and the Second Demand Letter have the incorrectly-worded statement, Klein was not properly notified of her rights within five days of the initial communication.
Furthermore, the statement in both the Demand Letter and Second Demand Letter that no attorney at that firm had reviewed the case was false and/or misleading, given the dates pertaining to the documents.
Additionally, the complaint alleges that the amount owed on the mortgage was also incorrect.
Finally, the complaint alleges that another violation of law occurred when a communication was sent directly to Klein after her attorney had announced he was representing her. All communications after that point should have been sent to the attorney and not to the debtor.