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.
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