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Unlawful Debt Collection

Words "Debt Collection" in Red over Papers

First Resolution Investment Corporation (FRIC) is putting aside $1.5 million to settle a class action alleging that it tried to collect debts from Massachusetts consumers without being licensed as a debt collector by the state and that it undertook lawsuits and court proceedings against them without being registered as a foreign corporation in the state. 

Student with Heavy Backpack Representing Loans

Transworld Systems, Inc. (TSI), Weltman, Weinberg & Reis, Blitt and Gaines, NECO Financial Systems (EGS Financial Care, Inc.), and other National Collegiate Student Loan Trust (NCSLT) entities have agreed to settle a lawsuit alleging that they violated state and federal laws in the process of trying to collect student loans.

Transworld Systems Logo

Plaintiff David Dees allegedly owes a debt for an electric bill, and, according to the complaint for this class action, Transworld Systems, Inc. attempted to collect it using a misleading and deceptive letter, in violation of the Fair Debt Collection Practices Act (FDCPA). First, the complaint alleges that the heading could have two different meanings—that the account may already be credit reported or that it may be reported in the future. Second, the threat to report the debt to credit agencies after the validation period is deceptive, the complaint claims, because Transworld had already reported the debt to credit agencies and no behavior on the part of the recipient could have prevented the action.

Image of Person Rescuing Another from Debt

Defendant Syndicated Office Systems LLC does business under the name Central Financial Control, and the complaint for this class action says it was under this name that it sent debt collection letters to plaintiff Evangelia Angelakopoulos. But according to the complaint, Angelakopoulos told the company the debt was in dispute and directed it to call her attorney. When the company contacted her again, the complaint alleges, it was a violated of the Fair Debt Collection Practices Act (FDCPA) as well as the Florida Consumer Collection Practices Act (FCCPA).

Debt Image

Plaintiff Michelle Vullings was sent a debt collection letter that the complaint for this class action claims violates the Fair Debt Collection Practices Act (FDCPA) in two different ways. The envelope in which the debt collection letter was mailed to Vullings bears the company’s name, which the complaint alleges strongly implies that the company is in the debt collection business and thereby violates her privacy. Also, the letter enclosed in the envelope gives the impression that Vullings can simply call if she wants to dispute the amount owed, whereas the FDCPA requires that the consumer must dispute the debts in writing, and must do so within thirty days.

Ladder Climbing Out of Debt

When Jefferson Capital Systems (JCS) and Capital Management Services (CMS) tried to collect on a debt allegedly owed by plaintiff Rosita McCamey, the complaint claims, the collection letter they sent did not make clear that the debt was time-barred and that they could not sue her for the debt or report it to collection agencies. The complaint alleges that this was a violation of the Fair Debt Collection Practices Act.

Debt Collection

When Dylan Mutty received a debt collection letter, on or about March 15, 2017, he might have thought it contained a valuable offer. According to the complaint, the letter, from Midland Credit Management, Inc. (MCM), offered him 40% off the amount owed if he paid by a certain date, and 20% off if he initiated a series of installment payments. Unfortunately, the complaint alleges that the letter was deliberately misleading about both the debt and the effect of even a single payment on the debt’s status, in violation of the Fair Debt Collection Practices Act (FDCPA) and the Florida Consumer Collection Practices Act (FCCPA). The debt was in fact stale, and MCM was not entitled to sue to collect, but a single payment from Mutty might have revived MCM’s right to sue.

Cabela's Visa Card Image

It might be a good idea, when naming a bank, to make sure you don’t choose a name that can be used as a bad joke.

OneMain Financial Logo

OneMain Financial makes personal loans, and it’s known for lending to “people with poor credit who may have trouble qualifying for a traditional bank loan.” But its interest rates are high,

Comenity Logo

The name “Comenity Bank” may sound vaguely familiar, or not familiar at all, but you certainly know some of the companies for which Comenity services credit cards. They include Abercrombie & Fitch, AdWords Business, Ann Taylor, Big Lots, Crate & Barrel, Eddie Bauer, Game Stop, J.