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.]
Tuesday, April 23, 2013
Northstar Mortage pursues collection after bankruptcy discharge
On March 18, 2013, a lawsuit was filed by James Dooley under the Fair Debt Collection Practices Act and the Florida Consumer Collection Practices Act in United States District Court, Orlando, Florida, alleging that Dooley had a mortgage with Bank of America which eventually went into default. In August of 2011, Mr. Dooley filed for bankruptcy and received a discharge in January of 2012. The mortgage with Bank of America was listed on the bankruptcy schedules. Notwithstanding the discharge of the note, Nationstar Mortgage continued collection activities against Mr. Dooley attempting to collect the discharged debt.
In an unrelated case, another lawsuit was filed in April of 2013 also under the Fair Debt Collection Practices Act and the Florida Consumer Collection Practices Act in United States District Court, Orlando, Florida, alleges that consumers took out a mortgage with MorEquity. In August of 2010, consumers filed for bankruptcy and received a discharge in November of 2010. The mortgage with MorEquity was listed on the bankruptcy schedules. Notwithstanding the discharge of the note, Nationstar Mortgage continued aggressive collection activities against the consumers including collection calls and collection letters attempting to collect the discharged debt.
Both the Fair Debt Collection Practices Act and Florida Consumer Collection Practices Act make it unlawful for any person, in attempting to collect a debt, to: "Claim, attempt, or threaten to enforce a debt when such person knows that the debt is not legitimate, or assert the existence of some other legal right when such person knows that the right does not exist."
Plaintiffs in both lawsuits are seeking statutory and emotional damages against Nationstar Mortgage, LLC and have demanded a trial by jury.
[The allegations in the Fair Debt Collection Practices Act lawsuit described in this article 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.]
Thursday, April 18, 2013
Ocwen Loan, Udren Law Offices, sue consumer after Bankruptcy Discharge
A lawsuit filed in April of 2013 under the Fair Debt Collection Practices Act and the Florida Consumer Collection Practices Act in United States District Court, Orlando, Florida, Case No. 6:13-cv-625-Orl-cv-22DAB, alleges that in November of 2006, the consumer took out a mortgage with the predecessor in title of Ocwen Loan Servicing, LLC. In November of 2009, consumer filed for bankruptcy and received a discharge in April of 2010. The mortgage with Ocwen was listed on the bankruptcy schedules. Notwithstanding the discharge of the note, on March 13, 2013, Ocwen and Udren Law Offices sued the consumer for foreclosure in Osceola County, Florida, on the discharged note and mortgage.
Correspondence indicates that Ocwen Loan Servicing was fully aware of plaintiff's bankruptcy for over one year prior the the filing of the foreclosure action. After the federal lawsuit was filed, Udren Law Offices filed papers in the foreclosure proceedings dropping all claims againt the consumer seekign persoanl liability.
Both the Fair Debt Collection Practices Act and Florida Consumer Collection Practices Act make it unlawful for any person, in attempting to collect a debt, to: "Claim, attempt, or threaten to enforce a debt when such person knows that the debt is not legitimate, or assert the existence of some other legal right when such person knows that the right does not exist."
The consumer is being represented by N. James Turner of Orlando, FL.
[The allegations in the Fair Debt Collection Practices Act lawsuit described in this article 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.]
Wednesday, April 10, 2013
Midland Funding, Pollack & Rosen, sue wrong person on alleged debt
A lawsuit filed in April of 2013 under the Fair Debt Collection Practices Act and the Florida Consumer Collection Practices Act in United States District Court, Orlando, Florida, alleges that Midland Funding, LLC and Pollack & Rosen, P.A. sued the wrong person in county court in Orlando. To make matters worse, Midland Funding, LLC, through its managing attorney, Amanda Duffy, filed another case against the same wrong person on the date that the federal case was filed.
The Florida Consumer Collection Practices Act makes it unlawful for any person, in attempting to collect a debt, to: "Claim, attempt, or threaten to enforce a debt when such person knows that the debt is not legitimate, or assert the existence of some other legal right when such person knows that the right does not exist."
Plaintiff is seeking statutory and emotional damages against Midland Funding, LLC and Pollack & Rosen, P.A. and has demanded a trial by jury.
[The allegations in the Fair Debt Collection Practices Act lawsuit described in this article 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.]