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Have You Been Sued By Pressler & Pressler, LLC?
Let Our New York Debt Defense Attorneys Assist You
Schlanger & Schlanger's consumer attorneys deal regularly with numerous high volume debt collection law firms, including Pressler & Pressler, LLP. We have not only been able to successfully defend collection actions brought against our clients by Pressler & Pressler, with multiple cases being dismissed, but have in some instances subsequently represented consumers in federal lawsuits and/or pre-litigation resolutions based on consumer protections provided by the Fair Debt Collection Practices Act (FDCPA). If you are being treated unfairly by Pressler & Pressler, LLC or are unsure of your rights in a collection action Pressler & Pressler has commenced against you for a credit card,medical or other debt, contact our a consumer protection attorney at Schlanger & Schlanger, LLP. We are committed to zealously representing consumers with a wide variety of debt and credit related problems.
Consumers We Have Helped In Cases Involving The Debt Collection Law Firm Pressler & Pressler, LLP:
Schlanger & Schlanger, LLP has successfully litigated against the law firm of Pressler & Pressler. In Palisades Collection, LLC v. Rawle Charles, Index. No. 85576/06, King's County Civil Court, Schlanger & Schlanger, LLP represented the defendant consumer, a Florida resident who was improperly sued in Brooklyn Civil court. Schlanger & Schlanger, LLP successfully dismissed the debt collection lawsuit and default judgment against Rawle Charles. Thereafter, we referred Mr. Charles to a consumer protection lawyer in Florida, and he was able to successfully suePressler & Pressler, LLC for debt collection abuse under the
Fair Debt Collection Practices Act (FDCPA) in an action brought in federal court there.
- In August 2010, Schlanger & Schlanger, LLP brought suit under the Fair Debt Collection Practices Act, 15 U.S.C. 1692 et. seq. (FDCPA) and New York's usury laws against debt collection firmPressler & Pressler, LLP and debt buyer New Century Financial, Inc. The lawsuit, Singleton v. New Century Financial Services. Inc. et al. was filed in United States District Court, Eastern District of New York, and alleged that Pressler and New Century engaged in unlawful debt collection practices by misrepresenting the amount owed by the consumer, and by charging the consumer excessive interest. The case subsequently settled.
- Schlanger & Schlanger, LLP also represented a consumer in a federal lawsuit against Pressler & Pressler and debt buyer Palisades Collection, LLC involving a purported AT&T cell phone debt. Darby v. Palisades Collection, LLC and Pressler & Pressler, LLP (E.D.N.Y. 11-cv-1673). The Complaint alleged that Pressler & Pressler and Palisades violated the Fair Debt Collection Practices Act by collecting on a time-barred debt (i.e. a debt that was outside the statute of limitations and therefore too old to be sued upon); submitting an affidavit of fact in support of a state court default judgment that falsely alleged personal knowledge of the details of the AT&T account; causing the consumer to be "served" in a state court collection action at an address that the defendants knew or should have known was not where the consumer was living; and submitting state court pleadings and other documents that were deceptive in that they were signed by an attorney but were not in fact meaningfully reviewed by an attorney. The Complaint also asserted claims under New York General Business Law § 349 (which prohibits deceptive conduct in consumer transactions). In addition, the Complaint alleged violations of Judiciary Law § 487 (which prohibits deceptive conduct by an attorney in court proceedings, including state court collection proceedings); and negligent hiring, retention, training and supervision against Pressler & Pressler. The lawsuit subsequently settled.
- Schlanger & Schlanger also represented a consumer in a medical debt case in which Pressler & Pressler represented a medical provider that started a lawsuit in Queens Civil Court for a supposed balance owed for medical services. In this case, the medical provider had already been compensated under New York's worker's compensation program at the time it filed the action against the consumer. The medical provider sought compensation from the consumer, in violation of the New York State Worker's Compensation Law after the consumer's union benefit fund denied the medical provider's request for additional compensation on the basis that the claim was submitted late. The case settled with the consumer receiving compensation from the medical provider.
Other Consumer Litigation Against Pressler & Pressler, LLC
Pressler & Pressler, LLP has been sued repeatedly by consumers for its unfair and deceptive debt collection practices. For example:
- In a recent federal court case, consumer-debtor sued Pressler & Pressler under the Fair Debt Collection Practices Act, alleging that it engaged in unfair and unconscionable conduct in its attempt to collect a debt owed by Plaintiff. See Waitkus v. Pressler & Pressler, L.L.P., 2012 U.S. Dist. LEXIS 27705 (D. N.J., March 2, 2012). Specifically, Plaintiff accused Pressler & Pressler of collecting of debt in excess of the amount permitted by law and failing to adhere to state court rules concerning the required notice given to a debtor against whom wage execution is sought. Based on these allegations, the Court denied Pressler & Pressler's motion for dismissal.
- In another federal case, consumer-debtor sued Pressler & Pressler law firm under the Fair Debt Collection Practices Act. See Bodur v. Palisades Collection, LLC and Pressler & Pressler, LLP, 2011 U.S. Dist. LEXIS 144370 (S.D.N.Y Dec. 15, 2011). The abusive and deceptive practices included allegations that the law firm sent a debt collection letter to Plaintiff after being advised that Plaintiff was not the person liable for the debt. Based on these allegations, the Court determined that Pressler & Pressler violated the FDCPA.
- Also notable is the sizable attorneys' fee award of $61,395.00 awarded to Plaintiff's attorneys' in Rodriguez v. Pressler & Pressler, L.L.P., 2009 U.S. Dist. LEXIS 20655 (E.D.N.Y. Mar. 12, 2009). This fee award is even more remarkable in view of the relatively small amount in dispute in the underlying lawsuit.
- A New Jersey court denied Pressler & Pressler's application for default judgment in a consolidation of 148 cases. The court determined that, in each case, Pressler & Pressler failed to offer evidence that its client, New Century Financial Services, Inc. actually owned the credit accounts on which it was suing. It also failed to disclose how it came to own the account. See New Century Financial Services, Inc. v. Sanchez, DC-2747-98 (N.J. Super. Ct. Law Div. April 12, 2002). The Court noted that Pressler & Pressler and its "client", New Century Financial Services, "may in reality be one entity" and was troubled that numerous "records" regarding these alleged debts appeared to have been created by Pressler & Pressler, LLC rather than New Century or the original creditor.
- Pressler & Pressler, LLC is among those debt collectors that was accused by the Attorney General and the Administrator for the New York State of using process servers who intentionally failed to properly serve New York consumers with a Summons and Complaint. See Pfau v. Forster & Garbus, et al. In many of these cases, the process server claimed to be at several locations at once. This practice, known as "sewer service" is a classic unfair debt collection practice that denies a debtor his or her day in court. The Attorney General settled its claims against Pressler & Pressler in late 2010.
- Pressler & Pressler, LLC received a "C" rating from the New Jersey Better Business Bureau.
Information about Pressler & Pressler, LLC
- Pressler & Pressler, LLP is a high volume debt collection law firm that files thousands of suits in New York every year. An investigative report by MFY Legal Services, Inc. found that in 2007, Pressler & Pressler, LLC filed 8,647 cases in New York City alone. See Consumer Rights Project, "Justice Disserved," June 2008. The defendant appeared in court in only 6 percent of those cases. Thus, the vast majority of those cases resulted in default judgments against the consumer.
Pressler & Pressler has over 300 employees, the vast majority of whom are non-attorneys. It maintains office is New Jersey (7 Entin Road, Parsippany, New Jersey 07054-5020) and in New York (305 Broadway, New York, NY 10007). If you need assistance in defending yourself against Pressler & Pressler, LLC, you can reach a consumer lawyer at Schlanger & Schlanger by filling out our questionnaire or calling us at 1-800-403-9113.