The class action was filed by attorney James E Kallaher, of the Law Office of Bohdan Neswiacheny of Orange Park, Florida. At issue in the lawsuit is the practice of the Florida Default Law Group to send letters to consumers who were behind on their mortgages in envelopes upon which a return address bearing the words “Florida Default Law Group, P.L." was printed.
The purpose of the The Fair Debt Collection Practices Act (FDCPA) is to insure that debt collectors refrain from using abusive debt collection practices. The specific statute alleged to be violated is 15 USC 1692(f)(8) which prohibits:
“Using any language or symbol, other than the debt collector’s address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business.”
The lawsuit, in our opinion correctly asserts that the business name “Florida Default Law Group” is a business name that indicates the company is in the debt collection business.
Under the Fair Debt Collection Practices Act, any individual who has been a victim of a violation of the act is entitled to both their actual damages and such additional damages as awarded by the Court not to exceed $1,000.00.
Our law firm is in the process of filing individual law suits for clients the firm is defending in foreclosure actions in Dade and Broward County. These actions will be filed on as individual cases in county court. We anticipate that our first law suits will be filed later this week. A copy of the class action complaint is available on-line at http://thetruthaboutloanmodification.wordpress.com/files/2009/09/florida-default-class-action-complaint.pdf
Any consumer who has questions about whether their rights have been violated may contact our firm at foreclosuredefenselaw@gmail.com
Consumers who believe that the Florida Default Law Group has were sent an envelope with the words “Florida Default Law Group” on the envelope should be aware that any lawsuit brought to recover damages under the Fair Debt Collection Practices Act must be filed within ONE YEAR of the alleged violation.
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I live in Broward County FL and have been receiving mail from this law firm since 2007 with their name clearly printed on the plain white envelope, as recently as June 2009. They just canceled our foreclosure sale (via fax to the court) just moments before the scheduled sale time (second cancellation). We would be interested in being included in a class action if possible. Thank you.
ReplyDeleteWell's Fargo are using these people and are trying to foreclose on my house in Clay county. Florida Default Law Group was less then helpfull in when I called then from outside the U.S. I finally made arrangement to pay my back mortgage(less then 90 days)only to be served two weeks later with a with foreclosure papers. When I called, I was told I have to pay attorney fees to this Florida Default Law Group. When I recieved the statement from them concerning the billing, they were billing at $749 an hour (my mortgage is $749 a month) and they billed me for $9000. Somehow I can't beleive this is happening. Also, after talking to Well's Fargo about the billing, it seems the amounts they told Well's Fargo and the amounts I was billed, aren't the same. How can some group file for foreclose when the debt was paid?
ReplyDeleteI am paying Chase Mortgage in an attempt to catch up my mortgage but while Chase is saying i'm ok this law firm keeps sending me notices about foreclosure. I pray that this issue is resolved i was really ill when and couldnt work when my mortgage fell behind and I worked so hard for my home I cant stop crying and it is so hard to get a straight answer. God bless these people who prey on honest hardworking folks. What is happening in this country?
ReplyDeletethese people suck, taking advantage of honest people looking for a break. I dont know how they sleep at night. I will spend every waking hour making there life a misery, as they did to me. cant wait.
ReplyDeleteThanks for these great tips..Nice to read!
ReplyDeleteForeclosure Defense Attorney Tampa