Florida Consumer Tries to Regain Rights and Fight Alleged Unlawful Collection Practices

 
July 12, 2012 - PRLog -- June 4, 2012, St. Petersburg, Florida: In its attempts to collect a debt from Ricky Cooper (“Cooper”) the North American Membership Group (“NAMG”) sent Cooper a debt collection letter, mailed in an envelope marked with the words “PAST DUE” in bold red letters for all those who encountered the envelope to see.  With his name in plain view next to the bright-red “PAST DUE” stamp, Cooper felt that the debt collection letter communicated to others that he was “financially irresponsible” and was quite frankly embarrassed.  

Wanting the embarrassing debt collection communications to stop, but not wanting to confront the creditor alone, Ricky sought out the help of Ian Leavengood of Leavengood, Dauval & Boyle, P.A., a St. Petersburg firm focused in part on Consumer Law, helping consumers with the pressures that come with unmanageable debt and the aggressive collection undertaken by creditors and debt collectors   Cooper is the named Plaintiff bringing a class action lawsuit on behalf of all Florida consumers who received the same envelope.

The Florida Consumer Collection Practices Act, Chapter 559 of the Florida Statutes, (“FCCPA”) states that creditors may not use envelopes “with words typed, written, or calculated to embarrass the debtor.”  It also prohibits “conduct which can reasonably be expected to abuse or harass the debtor.”  Furthermore, the FCCPA is to be interpreted in accordance with the Fair Debt Collection Practices Act (“FDCPA”) which also prohibits debt collectors from using unfair or unconscionable means to collect a debt, including “using language . . . on any envelope when communicating with a consumer” other than his or her address.  Cooper and Leavengood are working together with class action counsel, James Hoyer of Tampa, FL, to show that the words “PAST DUE” stamped on the envelope constitute an unlawful collection practice in violation of the FCCPA.

To view the full text of the class action debt collection complaint, visit www.leavenlaw.com/documents/first-amended-class-action-complaint-cooper-namg.pdf.


“The spirit of the Florida debt collection law is clear:  creditors and debt collectors cannot publish to the outside world things that will embarrass a consumer in their attempts to collect a debt,” said Leavengood.  “My client feels that this letter does just that and wants to stop its widespread use.”

Many times, consumers will not take action against creditors because they are unaware of the rights that they possess.  Cooper and Leavengood filed a class action suit against NAMG on behalf of the potentially hundreds, if not thousands, of Florida consumers who received the same collection envelope.  Consumers should never have to feel threatened, shamed, or harassed by their creditors.  Thanks to Leavengood and Cooper, Florida consumers are one step closer to ensuring that their financial matters are handled in a private and respectable manner.

The class action complaint seeks statutory damages on behalf of everyone who received the NAMG debt collection envelope, capped at $500,000.00 or 1% of NAMG’s net worth, whichever is less.  The class action complaint also seeks declaration that the envelope violated the FCCPA and an injunction prohibiting NAMG from continuing its use.

SOURCE: Leavengood, Dauval & Boyle, P.A.

About Leavengood, Dauval & Boyle, P.A.

Leavengood, Dauval & Boyle, P.A. is a boutique litigation firm headquartered in St. Petersburg, Florida, with satellite offices in Tampa, Clearwater, and Sarasota, Florida.  Leavengood, Dauval & Boyle, P.A. traces its roots back to 1972 and has served consumers in the Tampa Bay Area and throughout the State of Florida for over three generations.  Leavengood, Dauval & Boyle, P.A. specializes in consumer and commercial bankruptcies, having filed thousands of Chapter 7 and Chapter 13 bankruptcy petitions over the last four decades.  Leavengood, Dauval & Boyle, P.A. also represents small businesses and individuals in Debt Settlement, Creditor Harassment, Mortgage Foreclosure Defense, Criminal & DUI, Business Disputes & Commercial Litigation, Personal Injury & Accidents, Estate Planning & Asset Protection, Insurance Disputes and Mediation & Dispute Resolution.  For more information about the firm, its attorneys and their credentials, please visit www.LeavenLaw.com or call its managing shareholder, Ian R. Leavengood, at (727) 327-3328.
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