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

September 26, 2017 Posted By Daniel Schlanger

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.