Merrill Lynch has reached a $12 million settlement, ending an unpaid overtime class action brought by their employees who provided support services to brokers.
Cherika Holley filed a personal injury lawsuit against her apartment's management company, Lindsey Management Co. after the apartment manager, allegedly caused an explosion in the building by setting of an odor eliminator in a refrigerator that was actually designed to be used in a 10,000-cubic-foot room
McGavic & Finney PC, an Oregon debt collection law firm that had several complaints over its debt-collection tactics has been closed down under an agreement with Justice Department. Additionally, the settlement requires founding partner Derrick E. McGavic to pay $70,000 and surrender his license to practice law.
Michael LaFleur was awarded $1.5 million by a jury after being struck by a Conglobal tractor-trailer truck in an accident.
Denise Kaba, 53, was awarded $2.9 million in her personal injury case against Carnival Cruises. According to Kaba, she slipped and fell on Carnival's pool deck, fracturing her right patella. Her injury required open reduction and internal fixation, and five other surgeries, including a patellar tendon replacement with a cadaver allograft. Kaba claimed she remains in pain, walks with a halting gait and requires a brace to walk. Kaba also alleged that as a result of her injuries she was unable to return to work.
Amy Jong, a 99 Ranch Market shopper has been awarded $1,077,063 in her personal injury lawsuit against the grocery store.
The Fair Debt Collection Practices Act (FDCPA) is the federal law that governs how debt collection agencies can operate. The FDCPA protects consumers from abusive debt collection practices by debt collectors. The Act gives consumers protection with regards to personal, family, and household debts, including money consumers owe on a personal credit card account, auto loan, medical bill, or mortgage. There has been a lot of litigation over what exactly is considered “harassment” or “abuse” under the FDCPA. Below are examples of tactics that are definitely considered harassment and abuse by the FDCPA:
?Debt collectors cannot use threats of violence to collect a debt. This prohibition also covers threats against your children, friends, co-workers, pets and other 3rd parties.
?Bill collectors cannot use profane or abusive language including name calling, racial and/or ethnic slurs.
?Collectors cannot call you repeatedly. This not only applies to actual phone conversations, but also to causing the phone to ring and then hanging up on you. Oddly, enough many of my clients have complained that debt collectors call and hang-up as a method of harassment.
?Debt collectors must tell you who is contacting you.
?Any other debt collection conduct where the “natural consequence” is to harass, oppress, or abuse. Courts have found the following conduct to be violations: (1) threats to contact 3rd parties; (2) telephone messages left with neighbors when the collector could have reached the consumer directly; (3) use of words like “liar”, “deadbeat”, and “crook”.
1. Most importantly, peace of mind! Make the debt collectors stop calling you in a harassing manner. Remember how nice it was to answer your phone without screening it first? Remember how peaceful it was before your phone began to ring 10+ times a day? Are you sick of telling the debt collectors to stop calling you, only to have them call back a few minutes later?
Russell Fuller has filed a lawsuit against debt collector, I.C. Systems for allegedly making numerous calls to him in an attempt to collect on a debt that was already paid off, in violation of the Fair Debt Collection Practices Act (FDCPA). Case No. 1:11-cv-00136
Leading Edge Recovery Solutions is being sued by a consumer that claims he received so many collection calls that he no longer answers his telephone out of fear, in violation of the Fair Debt Collection Practices Act (FDCPA). Case No. 5:13-cv-00030
Kevin Pumphrey was receiving collection calls for several years about student loans that he did not owe, in violation of the Fair Debt Collection Practices Act (FDCPA). However, after he learned that he could sue the collection agency for harassment, the agency settled the case and left him alone.
Allied Interstate Inc., has agreed to pay a record-breaking $1.75 million to settle a lawsuit with the Federal Trade Commission (FTC). In a recent press release, a FTC spokesperson focused on Allied’s alleged attempts to illegally collect debts from consumers that did not owe them money. “Debt collectors had better make sure their information is accurate, or they could end up paying a big penalty,” said David Vladeck, Director of the FTC’s Bureau of Consumer Protection.
According to the Pennsylvania Attorney General, debt collection company, Unicredit, used fake court proceedings to deceive, mislead or frighten consumers into making payments or surrendering valuables without following the lawful procedures for debt collection.
A consumer has filed a lawsuit against the debt collection agency, AFNI Inc., for allegedly violating the Fair Debt Collection Practices Act (FDCPA), by calling him approximately ten times a day and threatening to place a warrant out for his arrest if he did not pay the alleged debt. The consumer further alleges that AFNI also violated the FDCPA by calling him before 8:00am and after 10:30pm.
The California Labor Commissioner, Julie Su has filed a lawsuit against several Los Angeles area hospitals, claiming they owe their employees $9 million in wages, and the State of California $52 million in damages.
Froilan Oritz, Jr., an air conditioning repairman has filed a personal injury lawsuit against homeowner, Elton L. Hudson after his stairs collapsed causing Ortiz to fall and hurt himself. (Case No. 13-CV-508)
Dawn Drago, the former nanny for rapper Sean "Diddy" Combs' twin daughters, has filed a lawsuit against their mother, Kim Porter and Combs' company, Bad Boy Worldwide Entertainment Group for battery and wrongful termination.
Joseph Gauthier, a field engineer has filed a $10 million class action lawsuit against Trican Well Service Ltd, an oil and gas well company, for misclassifying the field engineers as exempt employees in an attempt to deny them overtime wages. If the allegations are true, Trican would be in violation of the Fair Labor Standards Act (FLSA). (Case No. 6:13-cv-00046)
The family of Jessica Fertitta, 25, has filed a lawsuit against Mitsubishi International Corp., Smylie Unlimited and Meineke Car Care Centers for allegedly causing her death, saying she burned to death in a fire after her car malfunctioned and randomly burst into flames. (Case No. A193-933)
Irving Head, a former employee of Luper Self Storage facility has filed a lawsuit claiming that he was not paid the federal minimum wage and overtime wages in violation of the Fair Labor Standards Act. (Case No. 9:13-cv-00032)
Pamela Maxwell has filed a personal injury lawsuit against Greyhound Bus Lines, Inc., Maximino Arellano and Rudolph Mazin Jr. following a collision allegedly caused by one of its bus drivers. (Case No. B194-202)
A lawsuit against Commercial Recovery Systems Inc., has been filed by Cody Osterberg, claiming the CRS called and threatened him with a court summons in an effort to collect on a debt in violation of the Fair Debt Collection Practices Act (FDCPA). Case No. 2:13-cv-00096
Ayrton Stenovitch filed a lawsuit against Action Powersports Inc., claiming the company violated the federal Fair Labor Standards Act (FLSA) by not paying him overtime wages even though he worked over 40 hours in a week. (Case No. 6:13-cv-00253)
Cheryl Odom has filed a lawsuit against College of the Mainland (COM) in Texas City for alleged wrongful termination. According to her the College fired her shortly after she underwent brain surgery. (Case No. 3:13-CV-0074)
Rowena Martin has filed a lawsuit claiming St. Luke’s Episcopal Hospital and St. Luke’s Episcopal Health System Corp, fired her because of her numerous health problems. (Case No. 4:13-CV-718)
Rebecca Bowden claims in her lawsuit, she lost her job as a deputy constable of Precinct I in Jefferson County after the newly-elected Precinct I Constable Nick Saleme was elected to office. (Case No. B194-038)
Several former commissioned employees, including Edward LaMonica, Ashley LaMonica, Lara Harrison, have filed a lawsuit against their employer, RMCN Credit Services, Inc a credit repair business, for failing to pay overtime wages in violation of the Fair Labor Standards Act (FLSA).
Joseph Sciddurlo, a financial examiner for the Financial Industry Regulatory Authority (FINRA) is claiming that he was fired for detecting a loophole that helps large broker-dealers duck SEC rules and undercapitalize themselves.
Rapper Gucci Mane, 33, was jailed on Wednesday for allegedly hitting a fan in the head with a champagne bottle at a nightclub earlier this month.
Former Thomson Reuters employee, Mark Rosenblum has sued them for wrongful termination after he blew the whistle on what he believed to be a violation of securities laws. According to Rosenblum, who worked as a Redistribution Specialist, Thomson Reuters gave selected subscribers a 2-second jump on potentially market-moving information, with a 3-tiered release program.
Fomer NBA player and Director of Player Development for the Rutgers' Men's basketball team, Eric Murdock has sued Rutgers, Rutgers President Robert Barchi; Coach Michael Rice; Athletic Director Timothy Pernetti, and Rutgers former President, Richard McCormick. According to Murdock's lawsuit, after he blew the whistle on mistreatment of the university's athletes he suffered discrimination and wrongful termination.
According to the victim he had leased a car in 1996 and completed the lease payments as scheduled in 1999. Neither the bank nor the dealership ever told him that he owed any additional money for the lease.
There have been two recent complaints by consumers accusing debt collectors of harassing them through their Facebook, Twitter and LinkedIn accounts.
Debt collection agencies doing business under the names Central Resource Management, Final Claims Asset Locators, Final Control Asset Locators, Interchange Payment Solutions, Next Step Services, Portfolio Asset Assurance, Silverbay Services, and Teleport, all run by Tobias Boyland were shut down by Attorney General Andrew M. Cuomo for harassing consumers in violation of federal and state laws.
Debt Collection Agency, Gordon, Cappolli & Associates along with its owner, Stephanie Lowinger, were found guilty of conducting a scheme to defraud. Ms. Lowinger is also permanently banned from conducting any debt collection activities in New York.
Senior Living Properties, LLC, which owns 35 senior assisted living facilities, has reached a $42,500 settlement with the Equal Employment Opportunity Commission (EEOC) following allegations of religious discrimination.
According to a lawsuit filed by the Equal Employment Opportunity Commission (EEOC), Presbyterian Healthcare Associates Corp., a private regional medical center that operates Presbyterian Hospital and four other general hospitals, violated federal law by refusing to hire a qualified job applicant because of an impairment to his knee.
Dependable Health Services, Inc. (DHS), a provider of contract workers to United States military facilities, has agreed to a $40,000 disability discrimination settlement with the Equal Employment Opportunity Commission (EEOC).
According to the retaliation lawsuit, two bartenders were already engaged in a wage-and-hour lawsuit against Coyote Ugly alleging violations of the Fair Labor Standards Act (FLSA) when the president and founder of Coyote Ugly posted an entry on her blog, mentioning the lawsuit and alleging that one of the employees was fired for theft and added "f*** that b****."
In a wrongful death suit, a jury awarded $15 million to the family of two sisters who died in a car accident after their Enterprise Rent-A-Car rental car caught fire.
Vanessa Stewart awarded $937,500 for her injuries after being struck by a San Francisco cab.