Month: September 2017

September 26, 2017 Posted By Daniel Schlanger

Debt Collector Unsuccessful In Bid To Force Georgia FDCPA Class Action Brought By K&S Into Individual Arbitration

Attempts to strip consumers of their ability to bring and participate in class actions by means of forced arbitration clauses have been in the headlines this week. (For a great editorial on the issue, click here.

I am pleased to report that we recently beat back one such attempt in Thomas et al. v. Sherwin P. Robin & Associates, P.C., et al (16-cv-2529)(N. Ga 2016), an FDCPA class action pending in federal court in Georgia in which we represent Plaintiffs and the putative class. A U.S. Magistrate Judge found that the debt collection law firm failed to show that our clients had ever agreed to arbitrate.

The Complaint alleges that Defendants regularly overstate the amount of post-judgment interest they are entitled to collect from consumers. We are proud to co-counsel the case with Georgia consumer attorney, E. Talley Gray.

September 25, 2017 Posted By Daniel Schlanger

K&S Files Class Action Against Transworld Systems, Inc. Regarding Unfair Student Loan Collection Practices

Continuing our work on behalf of consumers facing collection on time barred debt, Kakalec & Schlanger, LLP recently filed an FDCPA class action class action along in U.S. District Court, Northern District of New York, against Transworld Systems, Inc.  The lawsuit, Jurs v. Transworld Systems, Inc. (17-cv-1030), is brought with co-counsel Anthony J. Pietrafesa of Syracuse, NY, and alleges that Transworld attempts to collect alleged student loan debt that is time barred (i.e. outside the statute of limitations) without providing the detailed notice required by New York’s Department of Financial Services in such scenarios, and that these collection attempts violate both the Fair Debt Collection Practices Act (FDCPA) and section 349 of New York’s General Business Law.  The statutorily required notice includes, inter alia, a warning that by making a partial payment the consumer risks re-tolling the statute of limitations.

This case is the second class action our firm has filed in the past two years involving collection attempts on student loan accounts alleged to be owned by the National Collegiate Student Loan Trust.  The first, Winslow v. Forster & Garbus, LLP et al (2:15-cv-02996-AYS) is pending in U.S. District Court in the Eastern District of New York.

September 24, 2017 Posted By Daniel Schlanger

Kakalec & Schlanger, LLP Files Fair Credit Reporting Act Cases Against Consumer Reporting Agencies, Banks, And Auto Dealership In Connection With Identity Theft Scam

Kakalec & Schlanger, LLP recently filed suit against Equifax Information Services, Inc., Experian Information Solutions, Inc., American Honda Finance Corporation, Bank of America, First National Bank of Omaha, Municipal Credit Union, Valley National Bank, Manhattan Jeep Chrysler Dodge, Inc. and others in connection with a series of auto financing related identity thefts.   The suits are brought on behalf of  two New York consumers – a police officer and a retired detective – who allege that they suffered damage to their credit when credit bureaus, auto finance companies and auto dealerships were notified that the consumers’ identities had been stolen and their signatures forged on dozens of auto finance agreements and failed to respond properly.  The suits, Regan v. Equifax Information Services, Inc., et al. (17-cv-06166) and Tracey III v. Equifax Information Services, Inc., et al. (17-cv-06157), allege claims under the Fair Credit Reporting Act and state law, and are currently pending in U.S. District Court for the Southern District of New York.

These two related cases are examples of the firm’s recent advocacy on behalf of victims of identity theft.

Posted By Daniel Schlanger

Kakalec & Schlanger, LLP Files Suit Against Lee’s Motors, Inc. And Toyota Motor Credit Corporation Alleging Auto Fraud

Kakalec & Schlanger, LLP recently filed suit in U.S. District Court, Eastern District of New York against Lee’s Motors, Inc. and Toyota Motor Credit Corporation on behalf of two individual consumers, a father and son.  The suit, brought under the Truth in Lending Act, the New York Motor Vehicle Retail Instalment Sales Act, and New York General Business Law, alleges that the auto dealership incorrectly listed the son as borrower on the father’s loan documentation, failed to provide required loan disclosures, and refused to fix the loan documentation despite repeated requests, causing each of the plaintiff’s real harm.

The suit, Islam, et al. v. Lee’s Motors, Inc., et al., 1:17-cv-03955, is pending in U.S. District Court, E.D.N.Y., and is one of several our firm has or is in the process of filing that relate to the practice of having consumers provide “digital signatures” which are then affixed to documents that are not properly disclosed to the consumer.

Posted By Daniel Schlanger

Kakalec & Schlanger, LLP Files False Advertising/Medical Malpractice Suit Against Hospital For Special Surgery And Two Of Its Surgeons

Kakalec & Schlanger, LLP recently filed suit on behalf of a young plaintiff against the Hospital for Special Surgery and Drs. Frank Cordasco and Daniel Green, alleging false advertising, medical malpractice, lack of informed consent, negligent hiring and supervision, and fraud in connection with the advertising and performance of ACL surgery on a minor.  Kakalec & Schlanger, LLP co-counsels the case with Koss & Schonfeld, LLP and the suit, Anastassopoulos v. Hospital For Special Surgery, et al. (17-cv-4345) is currently pending in U.S. District Court, S.D.N.Y.

Posted By Daniel Schlanger

Kakalec & Schlanger, LLP Teams With Maryland Consumer Firm Santoni, Vocci & Ortega, LLC To Assist Victim Of Identity Theft

Kakalec & Schlanger, LLP recently filed suit against Maryland auto dealership Darcars Chrysler Jeep of Rockville and Santander Consumer USA (d/b/a Chrysler Capital), to bring suit on behalf of a consumer who moved from Maryland to New York only to learn that, after she had moved, a former acquaintenance had forged her signature on loan documents in connection with buying a vehicle.  The suit alleges that the dealership and SCUSA continued to attempt to hold her liable after she notified them of the situation, and includes claims under the Truth in Lending Act, the New York Motor Vehicle Retail Instalment Sales Act, the New York General Business Law, and the Maryland Consumer Protection Act.

Consumer attorney Jane Santoni of Santoni, Vocci & Ortega serves as local counsel in this action, which is pending in U.S. District Court in Maryland.