Recently Filed Cases & Other Pending Litigation

Recent Filings

K&S Files Suit Against Debt Collection Law Firm Kavulich & Associates, P.C. For Violations Of The Fair Debt Collection Practices Act And New York Judiciary Law

On September 25, 2017, Kakalec & Schlanger, LLP filed suit against Kavulich & Associates, P.C. alleging unfair collection practices in connection with a consumer’s non-existent rental arrears.  The suit alleges that the purported debt was the result of identity theft and that Kavulich sued the consumer despite having been supplied with supporting documentation regarding the theft of the consumer’s identity.

The complaint seeks recovery under both the Fair Debt Collection Practices Act (FDCPA) and New York Judiciary Law § 487, which bars parties and attorneys from making misrepresentations in court proceedings, and provides for treble damages.

Velazquez v. Kavulich & Associates, P.C. (17-cv-07401) is pending in U.S. District Court in the Southern District of New York.

It is one of many suits that our firm handles on behalf of victims of identity theft.


K&S Files Suit Against New York Auto Dealership for Alleged Misrepresentation of Leased BMW X6’s Accident History

On September 25, 2017, Kakalec & Schlanger filed suit against BMW of Freeport for allegedly misleading a New York consumer about the condition of a leased BMW X6.  The suit alleges that the Dealership represented the vehicle as new and without accident, damage or mechanical issues of any kind, when in reality the vehicle had been in an undisclosed accident.

Plaintiff is seeking damages and relief under the Magnuson-Moss Warranty Act, New York General Business Law, New York Uniform Commercial Code, and also has claims for  fraud and rescission.

The Dealership’s parent company (AMSI) and BMW Financial Services, LLC have also been named as defendants.  The action, Acocella v. BMW of Freeport, et al. is pending in the U.S. District Court, E.D.N.Y.

This is one of many suits our firm has filed on behalf of consumers regarding misrepresentations about the condition and accident history of high end vehicles.


Kakalec & Schlanger, LLP Files FDCPA Class Action In NDNY Regarding Collection On Time-Barred Student Loan Debt

On September 18, 2017, Kakalec & Schlanger, LLP – along with co-counsel Anthony J. Pietrafesa – filed a class action against Transworld Systems alleging that Transworld collection letters to New York consumers seek to collect student loan debt that on which the statute of limitations has run, without providing the detailed, protective notice required under New York state law in such situations.  The lawsuit, Jurs v. Transworld Systems, Inc., 17-cv-1030, alleges violations of the Fair Debt Collection Practices Act (FDCPA) and New York General Business Law Section 349 (barring deceptive consumer practices), and is pending in the United States District Court, Northern District of New York.

The case involves attempts to collect on student loan debt alleged to be owned by the National Collegiate Student Loan Trusts, and is one of two class actions our firm now has pending that alleges unlawful attempts to collect on alleged NCSLT debt.

To read about our other class action involving NCLST, which is pending, click here.


Regan v. Equifax Information Services, Inc., et al. (17-cv-06166) and Tracey III v. Equifax Information Services, Inc., et al. (17-cv-06157)

Kakalec & Schlanger, LLP is counsel for plaintiffs in two related cases brought under the Fair Credit Reporting Act, the New York Fair Credit Reporting Act, and New York General Business Law, alleging that various credit bureaus and banks failed to conduct reasonable investigations of plaintiffs’ disputes once plaintiffs discovered they were victims of a serial identity theft scam that resulted in dozens of vehicles being purchased in their names.  The cases are pending in U.S. District Court in the Southern District of New York.

These two cases are examples of the firm’s recent, intensive work on behalf of victims of identity theft.


Islam, et al. v. Lee’s Motors, Inc., et al., 1:17-cv-03955 (EDNY 2017)

Kakalec & Schlanger, LLP is counsel for plaintiffs, a father and son, who bring suit under the Truth in Lending Act, the New York Motor Vehicle Retail Instalment Sales Act, and New York General Business Law, alleging auto fraud in connection with the sale and financing of a vehicle.  The complaint alleges that the Dealership incorrectly listed the son rather than the father as borrower, failed to provide required loan disclosures, and has repeatedly refused to correct the loan documents causing harm to both of the plaintiffs.  Toyota Motor Credit Corp., which took assignment of the loan from the dealership is also a Defendant.    The suit is currently pending in U.S. District Court, Eastern District of New York.


Anastassopoulos v. Hospital For Special Surgery, et al. (17-cv-4345)

Kakalec & Schlanger, LLP, along with co-counsel Koss & Schonfeld, LLP represents plaintiff, a minor, in a recently filed suit pending in U.S. District Court, S.D.N.Y. against the Hospital for Special Surgery and two of its surgeons, Frank Cordasco and Daniel Green.  The suit asserts claims for false advertising, medical malpractice, lack of informed consent, negligent hiring and supervision, and fraud in connection with Defendant’s advertising and performance of ACL reconstruction surgery that resulted in significant injuries to Plaintiff.


Kemeh v. Darcars of Rockville Pike, LLC d/b/a Darcars Chrysler Jeep of Rockville, et al., 17-cv-2676 (Md 2017)

Kakalec & Schlanger, LLP, along with our co-counsel Jane Santoni represents plaintiff in this recently filed action brought against a Maryland car dealership and Santander Consumer, U.S.A. (doing business as Chrysler Capital).

The complaint alleges that our client, an individual consumer living in New York, was added by a former acquaintance to an auto loan as a co-signor without her knowledge or permission by means of forgery. The lawsuit further alleges that the dealership and finance company have unjustly continued to attempt to hold her liable.

The suit, currently pending in U.S. District Court in Maryland, 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.


Kakalec & Schlanger, LLP Files Class Action on Behalf of H-2B Landscaping Workers

Kakalec & Schlanger recently filed a class action in the U.S. District Court in Kansas on behalf of H-2B workers (Mexican nationals working in the U.S. as “guestworkers”) who worked for a large landscaping company in Kansas.  The suit alleges, among other things, that the H-2B workers were never paid overtime and illegally had to pay recruitment, travel, and other expenses.  The case, Chavez Rodriguez v. Hermes Landscaping, Inc., filed with Kansas co-counsel Dugan & Schlozman, seeks to recover five years of unpaid overtime wages and other damages for as many as 400 workers, many of whom returned to work for Hermes each year.


Kakalec & Schlanger, LLP Files Case In EDNY On Behalf Of Driver For Plumbing Company, Alleging Misclassification As Independent Contractor, Prevailing Wage Violations, Illegal Deductions

In November 2016, Kakalec & Schlanger filed a case in the U.S. District Court, Eastern District of New York, on behalf of employee Arkady Frumkin against his employers Vital Plumbing, Inc., Vitaly Kontorovich, and Vadim Brom.

The complaint alleges that Mr. Frumkin, who worked as a driver for a plumbing company, was treated as an independent contractor when in reality he was an employee and should have been paid overtime, among other things.   Mr. Frumkin also did work on public projects for the New York City Department of Education, but was not paid the required “prevailing wage” rate for that work. Mr. Frumkin seeks his unpaid wages, illegal deductions, liquidated damages, and other relief.


Kakalec & Schlanger, LLP Files FDCPA Class Action In Northern District Of Georgia Alleging Overcharge Of Post-Judgment Interest

Kakalec & Schlanger, LLP and co-counsel Law Offices of Elizabeth T. Gray recently filed an FDCPA class action on behalf of consumers Craig Thomas, Louanne O’Quinn and all others similarly situated, in U.S. District Court, Northern District of Georgia.  The Complaint alleges that debt collector Calvary Portfolio Services, LLC, debt collection law firm Sherwin P. Robin & Associates, P.C. and related individuals and entities have overcharged consumers post-judgment interest, charging in excess of what is permitted under Georgia law.


Kakalec & Schlanger, LLP Files Suit On Behalf Of Former NYC Tenant, Alleging Multiple, Simultaneous Back Rent Collection Suits Violate FDCPA

Earlier this month, November 2016, Kakalec & Schlanger, LLP, along with co-counsel Birring Law Firm, recently filed a lawsuit on behalf of consumer tenant Aramis Vargas in U.S. District Court, Southern District of New York, alleging that Kavulich & Associates, P.C. — a well-known debt collection law firm — violated the Fair Debt Collection Practices Act by filing multiple collection suits against Mr. Aramis regarding the same purported debt.  The complaint further alleges that the attempts were unlawful because the consumer had moved out of the subject apartment in return for a waiver of any outstanding liability.  The case, Vargas v. Kavulich & Associates, P.C., 16-cv-8680 (SDNY), is currently pending.


Kakalec & Schlanger Files Collective/Class Action On Behalf Of Construction Project Employees, Alleging Failure To Pay Overtime, And No Pay At All For Last Two Weeks Of Work

Kakalec & Schlanger recently filed a class action under New York law and a collective action under the Fair Labor Standards Act against William Johnson and the companies V.K. Mechanical, XL Plumbing of New York, Inc., XL Plumbing, Inc., Xcel Plumbing & Heating of New York, Inc., and Apple Plumbing, Inc., for failing to pay overtime to employees on a construction project in downtown Brooklyn.   The workers, who did plumbing work on the project, were also not paid for their last two weeks of work, and were required to pay for certain work expenses out of their own money.  The case, Burch v. V.K. Mechanical (16-cv-3700) was filed in U.S. District Court, Eastern District Of New York


Kakalec & Schlanger, LLP Files Auto Fraud Suit In Eastern District of California On Behalf Of U.S. Service Member

Kakalec & Schlanger, along with co-counsel Consumer Law Office of Robert Stempler, recently filed suit against Plaza Motors of Brooklyn, Inc. d/b/a Plaza Honda, alleging that the dealership sold U.S. Air Force Captain Brandon Buelow a Honda Pilot that was advertised and priced as new but was, in fact, a used vehicle that the dealership had previously sold to another consumer and then damaged in an accident that occurred on the auto lot while the dealership was servicing the vehicle for that earlier purchaser.  The suit is brought under the Song Beverly Consumer Warranty Act, the Magnuson-Moss Warranty Act, and the New Jersey Consumer Fraud Act, and also seeks rescission of the transaction.   The case, titled Buelow v. Plaza Motors of Brooklyn, Inc. (16-cv-2592) is pending in U.S. District Court, Eastern District of California.

Other Pending Litigation

Klippel v. Portfolio Recovery Associates, LLC, et al., 15-cv-1061 (N.D.N.Y): Kakalec & Schlanger, LLP, along with local co-counsel Anthony Pietrafesa, is counsel for Plaintiff in this class action brought under the Fair Debt Collection Practices Act regarding alleged improper filing of state court collection actions in improper venues in upstate courts.  UPDATE:  As we recently reported on our blog, we are pleased to report that by order dated September 6, 2017, the Court granted final approval to the parties’ class-wide settlement of this matter.  For more details, click here.


In re Midland Funding, LLC Interest Rate Litigation, 11-cv-8149 (S.D.N.Y.): Kakalec & Schlanger, LLP, along with co-counsel O. Randolph Bragg, Esq., is counsel to plaintiff in this class action brought under New York’s usury laws and the Fair Debt Collection Practices Act. The case involves tens of thousands of New York consumers who were allegedly sent collection notices by one of the country’s largest debt collectors, seeking interest above New York’s usury rate. In May 2015, the United States Court of Appeals for the Second Circuit reversed the district court’s denial of class certification and its merits decision against plaintiff, and remanded the case for further proceedings. See, 2015 U.S. App. 8483, 786 F.3d 246 (2d Cir. 2015). The Second Circuit denied rehearing in August 2015.


Miranda v. Daniel Norelli, et al., 15-cv-627, (N.D.N.Y.): Kakalec & Schlanger, LLP, along with local counsel Anthony Pietrafesa, Esq., is counsel to Plaintiff in this class action brought under the Fair Debt Collection Practices Act, alleging that a debt collector and its attorneys violated the FDCPA by repeatedly filing state court summonses that misstated debtors’ procedural rights.


In re Porsche Cars North America, Inc., Plastic Coolant Tubes Products Liability Litigation, 11-MD-2233 (MDL – N.D. Ohio): Kakalec & Schlanger, LLP serves on the executive committee for Plaintiffs in this multi-district products liability matter, in which settlement has been approved by the District Court and upheld by the United States Court of Appeals for the Sixth Circuit. For more information, http://www.coolantpipesettlement.com/


Winslow v. Forster & Garbus, LLP, 15-cv-2996 (E.D.N.Y.): Kakalec & Schlanger, LLP represents Plaintiff in this class action against high volume collection law firm Forster & Garbus, LLP regarding filing of a large number of state court collection complaints on behalf of an out of state business trust allegedly doing business in New York state without having properly registered, and for allegedly filing state court pleadings that were signed by but never meaningfully reviewed by an attorney.


Cisneros-Calderon et al. v. Salinas Enterprises, LLC et al., 08-cv-6406 (S.D.N.Y.): Kakalec & Schlanger is counsel for a group of immigrant workers who allege that their former employer systematically failed to pay overtime and other required wages, and made various unlawful deductions from their paychecks. Plaintiffs’ application to fix the amount of damages, attorney’s fees and costs is pending.


New York Motor Group Litigation (13-cv-2337; 13-cv -7290; 13-cv-7291; 14-cv-2980; 14-cv-2981, 15-cv-284; 15-cv-4691, etc.): Kakalec & Schlanger, LLP is counsel for Plaintiffs in eight related RICO cases currently pending in United States District Court, Eastern District of New York. The cases allege that a group of New York auto dealerships owned and/or controlled by Mamdoh Eltouby, including New York Motor Group, LLC, Planet Motor Cars, Inc., Hillside Motors LLC, and their staffs engaged in wide-spread and systematic defrauding of consumers, and alleges that Santander and M&T Bank, which had purchased many of the dealerships’ loans, violated state and federal law by continuing to enforce these fraudulently originated loans after they became aware of the dealerships’ criminal loan origination practices.


Pyskaty v. Wide World of Cars, LLC d/b/a Wide World BMW and BMW Bank of North America: Kakalec & Schlanger, LLP is counsel for Plaintiff in this individual action, pending in U.S. District Court, Southern District of New York, alleging that Wide World BMW, and its assignee, BMW Bank of North America, violated the Magnuson Moss Warranty Act and are liable for fraud in connection with the sale of a certified pre-owned BMW. Plaintiff alleges that the dealership represented the car, sold as a high-end, certified vehicle, as having no accident or significant repair history when it knew or should have known (inter alia, from their inspection of the vehicle in connection with its certification) that the vehicle had significant and severe accident damage, rendering it unsafe and undriveable.