Wednesday, June 21, 2006

debt collection - FDCPA - false threats - attorney letterhead - class certification

McCall v. Drive Financial Services - ED Pa. - June 19,2006

http://www.paed.uscourts.gov/documents/opinions/06D0740P.pdf

The court granted a motion for class certification in a Fair Debt Collection Practices Act, 15 USC 1692 et seq., case in which defendant collection agency was alleged to have sent letters purporting to be from an attorney, on the attorney's ostensible letterhead. The letter threatened suit by the attorney, who is not admitted to practice in Pennsylvania.

Defendant's allegation that there was a conflict between the class and the named plaintiff was dismissed. Named plaintiff had a 15 year-old robbery conviction, which the court said was factually unrelated to his case and to Defendant's alleged violation of the FDCPA.