On November 29, 2011, Schlanger & Schlanger filed suit in United States District Court, Southern District of New York on behalf of a New York consumer, claiming that debt collection law firm, Goldman & Warshaw served legal papers regarding a consumer debt at an address that it knew or should have known was incorrect and not current, in violation of the Fair Debt Collection Practices Act, 15 U.S.C. 1692, et seq. (FDCPA).  Specifically, the lawsuit alleges that Goldman & Warshaw’s client, Bank of America, had a current address for Ms. Batista at the time that Goldman & Warshaw “served” the Summons & Complaint at an address that was five years old. 

The lawsuit also alleges violation of the Fair Debt Collection Practices Act’s “venue” provision, which requires that collection lawsuits be brought in the jurisdiction in which the consumer resides or where the contract was entered into. 

The suit, Batista v. Goldman & Washaw, P.C, is pending.  Check back here for future updates.

If you’ve been the victim of similar fraudulent or deceptive practices, give us a call at at 1-800-685-2580 or contact us by filling out our consumer questionnaire.

Schlanger & Schlanger, LLP files class action on behalf of New York consumers, claiming that debt collection giants, Midland Funding LLC and Midland Credit Management, Inc., charge interest in excess of New York’s legal limit. 

On November 10, 2011, Schlanger & Schlanger and co-counsel Horwitz, Horwitz & Associates filed a class action lawsuit against Midland Funding, LLC and Midland Credit Management, Inc. claiming that the interest rates these companies charge consumers on purchased debts exceed New York’s usury rate. 

Specifically, the lawsuit claims that debt buyer Midland Funding and its servicing arm, Midland Credit Management – both subsidiaries of Encore Capital are not entitled to the same exemption from state usury laws enjoyed by the national banks from whom Midland purchases many of the accounts upon which it collects.  

The lawsuit, titled Madden v. Midland Funding, LLC, et al, is brought under the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (FDCPA),  New York General Business Law § 349 (which prohibits deceptive acts and practices), and New York’s usury laws was filed in the United States District Court for the Southern District of New York, and is currently pending.

Check back here for updates as the case progresses, and if you fear that you’ve been the victim of fraudulent or deceptive collection practices, give us a call at 1-800-685-2580 or fill out our consumer questionnaire.