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.
Kakalec & Schlanger, LLP is pleased to announce that partner Dan Schlanger will be presenting a Lawline CLE webcast on July 27th at 9:30 a.m. The course description for the CLE, titled The Fair Debt Collection Practices Act: Bringing Suit Based on State Court Litigation and Judgment Enforcement Misconduct, is available here.
Update: Dan’s CLE on FDCPA litigation re: state court collection misconduct was well-received (95% recommendation rate). To purchase and view, click here.