The class action was filed by attorney James E Kallaher, of the Law Office of Bohdan Neswiacheny of Orange Park, Florida. At issue in the lawsuit is the practice of the Florida Default Law Group to send letters to consumers who were behind on their mortgages in envelopes upon which a return address bearing the words “Florida Default Law Group, P.L." was printed.
The purpose of the The Fair Debt Collection Practices Act (FDCPA) is to insure that debt collectors refrain from using abusive debt collection practices. The specific statute alleged to be violated is 15 USC 1692(f)(8) which prohibits:
“Using any language or symbol, other than the debt collector’s address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business.”
The lawsuit, in our opinion correctly asserts that the business name “Florida Default Law Group” is a business name that indicates the company is in the debt collection business.
Under the Fair Debt Collection Practices Act, any individual who has been a victim of a violation of the act is entitled to both their actual damages and such additional damages as awarded by the Court not to exceed $1,000.00.
Our law firm is in the process of filing individual law suits for clients the firm is defending in foreclosure actions in Dade and Broward County. These actions will be filed on as individual cases in county court. We anticipate that our first law suits will be filed later this week. A copy of the class action complaint is available on-line at http://thetruthaboutloanmodification.wordpress.com/files/2009/09/florida-default-class-action-complaint.pdf
Any consumer who has questions about whether their rights have been violated may contact our firm at foreclosuredefenselaw@gmail.com
Consumers who believe that the Florida Default Law Group has were sent an envelope with the words “Florida Default Law Group” on the envelope should be aware that any lawsuit brought to recover damages under the Fair Debt Collection Practices Act must be filed within ONE YEAR of the alleged violation.
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