If this is going to become a new trick for plaintiff’s attorneys to get more publicity for their cases, then the ARM industry may want to be aware of it.
Leo Desmond, the founder of The Desmond Law Firm, has taken the somewhat unusual step of issuing a press release to announce that a class-action lawsuit has been filed against a collection agency. The agency is accused of violating the Fair Debt Collection Practices Act because while the initial notice noted that the debt could be disputed, the letter did not mention that any portion of the debt could be disputed.
The letter included the following language:
Unless you notify this office within 30 days after receiving this notice that you dispute the validity of this debt or any portion thereof, this office will assume this debt is valid. If you notify this office in writing within 30 days after receiving this notice that you dispute the validity of this debt, this office will obtain verification of the debt or obtain a copy of a judgment and mail you a copy of such judgment or verification. If you request of this office in writing within 30 days after receiving this notice, this office will provide you with the name and address of the original creditor, if different from the current creditor.
Desmond is including any resident of the state of Florida (where the plaintiff resides) who received a similar letter from the defendant.
On the surface, there does not appear to be much that distinguishes this case from other lawsuits that are filed against collection agencies, except for the fact that a press release was issued announcing the suit.
A copy of the complaint can be accessed here.
