Three Debt Collection Agencies Hit with FDCPA Class Action
Last Updated on May 8, 2018
Lind et al v. Berkshire and Lewis Litigation et al
Filed: November 7, 2016 ◆§ 4:16-cv-00848
A class action lawsuit filed against Berkshire and Lewis Litigation, Fisher & Burns Financial, LLC and Berks & Lewis Litigation Group, LLC.
A class action lawsuit filed against Berkshire and Lewis Litigation, Fisher & Burns Financial, LLC and Berks & Lewis Litigation Group, LLC claims the debt collection agencies violated the Fair Debt Collection Practices Act (FDCPA) and the Telephone Consumer Protection Act (TCPA). Filed in Texas, the lawsuit claims the defendants used automatic dialing technology that utilized a pre-recorded message when it contacted the plaintiffs via cell phone regarding a debt. According to the complaint, the defendants failed to identify themselves as debt collectors when contacting the plaintiffs, instead saying they were calling regarding the delivery of a package. The defendants also allegedly tried to reach the defendants by falsely saying they would be serving them with legal documents.
The proposed class is made up of five subclasses:
- SOL Class: All persons who reside in Texas and from whom, on or after November 7, 2014, Defendants sought to collect, or did collect, a timebarred consumer debt and to whom Defendants communicated an offer of payment terms which communication also failed to inform the person that the statute of limitations would reset and restart upon partial payment
- TCPA Class: All persons who reside within the United States and who were called by Defendants from November 7, 2012 though the present, in an attempt to collect a debt, using an automatic telephone dialing system, where the call was placed to the person's cellular telephone number that Defendants did not obtain either from a creditor or directly from the person himself or herself and/or where the call was placed to the person’s phone number after the person had revoked prior express consent.
- FDCPA Class: All persons who reside in the United States and from whom, on or after November 7, 2015 Defendants sought to collect, or did collect, a consumer debt and to whom Defendants placed a telephone call.
- Rosenthal Act Class: All persons who reside in the United States and from whom, on or after November 7, 2015 Defendants sought to collect, or did collect, a consumer debt and to whom Defendants placed a telephone call.
- TDCA Class: All persons who reside in Texas and from whom, on or after November 7, 2014 Defendants sought to collect, or did collect, a consumer debt and to whom Defendants placed a telephone call.
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