Friday, January 24, 2014
Judge Dismisses Student Loan Lawsuit
In response to the order dismissing the Complaint, National Collegiate Student Loan Trust filed an Amended Complaint, with several attachments, including what it contended was a copy of the assignment from the original lender. However, the assignment offered by National Collegiate Student Loan Trust was to an entity named National Collegiate Funding, LLC and not the Plaintiff in the action.
National Collegiate Student Loan Trust v. Harvey, 2013-CA-2278.
Consumers file FDCPA Class Action Against Weinstein, Pinson & Riley
Ferrell, et al v Weinstein, Pinson & Riley, P.S., Case No. 6:13-cv-1965-Orl-36DAB.
[The allegations in the Fair Debt Collection Practices Act lawsuit described in this article are the plaintiff’s version of the facts and must be proven with competent evidence. Moreover, these allegations may be denied or disproven by the defendants.]
Validation Notice Attached to Foreclosure Action Results in FDCPA Class Action
Surprisingly, many well established law firms have a fundamental misunderstanding of the application of this statutory requirement. A random survey of foreclosure actions filed throughout the State of Florida would reveal that a 1692(g) Validation Notice is routinely attached to mortgage foreclosure complaints. However, a “pleading,” such as a complaint in a lawsuit, can never be an “initial communication” that triggers the notice requirement under 1692(g). Moreover, sending such a notice can be deceptive and misleading to the “least sophisticated consumer.”
A recent case filed in United States District Court in Orlando, Florida, alleges that Shapiro, Fishman & Gache, LLP, acting as counsel for PHH Mortgage Corporation, filed a complaint in Seminole County, Florida, to foreclose on Linda Karp’s mortgage and to enforce a promissory note. Attached to the state court complaint and summons was a document entitled “Notice Required by the FDCPA, 15 U.S.C. Section 1692g.” The Notice was presumably served to inform Linda Karp of her rights concerning validation of the debt and provide her with 30 days to request validation of the debt. The summons issued by the court along with the foreclosure complaint informed Karp that she had 20 days to file a response with the court. Karp sued Shapiro, Fishman & Gache, LLP under the FDCPA alleging that the firm violated the Act because the Notice attached to the state court Complaint was deceptive and misleading to the “least sophisticated consumer.” The lawsuit alleges that the “least sophisticated consumer” could be deceived or confused when the summons sets out a 20-day deadline to respond to the lawsuit and the attached notice provides for a 30-day deadline to request validation of the debt. Karp further alleged that hundreds of other consumers received the identical notice in connection with their mortgage foreclosure lawsuit.
Karp v. Shapiro, Fishman & Gache, LLP, Case Number: 6-14-Civ-Orl-000046-28TB
Friday, December 27, 2013
Validation Notice Attached to Complaint Results in FDCPA Lawsuit
Battle v. Gladstone Law Group, P.A., Case Number: 12-14458-Civ-Martinez-Lynch.
"Least Sophisticated Consumer" Standard Under the FDCPA
Courts apply this objective standard in order to implement the FDCPA’s dual purpose: to protect consumers against deceptive debt collection practices and to protect debt collectors from unreasonable constructions of their communications to consumer. The least sophisticated consumer will be presumed to possess a rudimentary amount of information about the world and a willingness to read a collection notice with some care. However the test also has an objective component in that while protecting naive consumers, the standard also prevents liability for bizarre or idiosyncratic interpretations of collection communications by preserving a quotient of reasonableness.
Friday, August 30, 2013
Massive Student Loan Filings by National Collegiate Student Loan Trust
National Collegiate Student Loan Trust is a Delaware Trust that is currently pursuing many consumers in the Central Florida area on student loans. In most cases, National Collegiate Student Loan Trust is the holder of a loan but does not have the necessary assignments needed to prosecute the case.
Other law firms that represent National Collegiate Student Loan Trust in Central Florida are:
Pollack and Rosen, P.A.
Anthony Colunga, Esq.
Hayt, Hayt & Landau, P.L.
Thursday, June 27, 2013
Class Action filed againt Udren Law Offices for violations of FDCPA
A class action lawsuit filed in May of 2013 under the Fair Debt Collection Practices Act in United States District Court, Southern District of Florida, against Udren Law Offices, P.C., Courtney Jared Bannan and Mark J. Udren. Case 2:13-cv-14219-DLG. The lawsuit alleges that in connection with the filing of mortgage foreclosure actions, the validation notice stated that the consumer must object to the alleged debt "in writing." This practice has been ruled as a false, misleading and deceptive practice under the Fair Debt Collection Practices Act. See Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA, 130 S. Ct. 1605, 1634–35 (2010).
Plaintiff, on behalf of herself and other class members, is seeking statutory and emotional damages against Udren Law Offices and has demanded a trial by jury.
[The allegations in the Fair Debt Collection Practices Act lawsuit described in this article are the plaintiff’s version of the facts and must be proven with competent evidence. Moreover, these allegations may be denied or disproven by the defendants.]