April 2013 Archives

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.

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.

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”.

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

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.

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.

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.

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.

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)

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)

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)

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)

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).

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 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.

There have been two recent complaints by consumers accusing debt collectors of harassing them through their Facebook, Twitter and LinkedIn accounts.

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.

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.

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****."