Class Action Lawsuits
A large group of people can file a lawsuit together against a debt collector or creditor as part of a class action lawsuit.
Money could be recovered from the debt collector or creditor in up to $500,000 in monetary damages, or 1% of the collector or creditor’s net worth, whichever amount is lower. A debt collector could also be required to pay your attorney’s fees and costs if they are found liable by the court.
Potential Class Action Issues
Common issues that you might see that might be class action worthy are when a debt collector or creditor:
- Puts something misleading or false to you in writing in a letter that they sent you, as it might also be going out to many other people
- States something false or misleading in an artificial or prerecorded voicemail that they leave you; in a voice message where it appears that they are in fact reading off a script that they use when calling consumers; or in a text message
- Calls your cellphone without your permission, with an automated machine, robocalling it and leaving prerecorded messages on your cellphone on at least two occasions, when you are not the true debtor that they are looking for. Especially if you have already told the business this.
Other Potential Class-Action Matters
Unsolicited fax advertisements from companies can also be class-action-worthy, as well as spam text messages or telemarketing calls.
If you are receiving artificial or prerecorded calls and voice messages from stores asking you to fill or refill your prescription, that might also be class action worthy, even if you did not have a prescription on file.
If you were charged a transaction fee for the use of any independent bank automated teller machine (ATM) when the independent bank did not post a notice on the ATM that it would impose a transaction fee on users of the ATM, as well as on the screen of the ATM that it would charge a fee and the amount of said fee for the transaction, that could also be a class action worthy claim. This is because many consumers might have been charged those fees without proper disclosures having first been provided to them prior to the transaction. This is also provided that the machine had not been tampered with prior to your transaction, and that the financial institution does not have proper procedures in place to regularly maintain the machine.
If you entered into an agreement with a debt collector or a creditor such as a bank or credit card company to electronically transfer funds from your bank account on a recurring basis where a) the fund transfers were not authorized by a writing signed or similarly authenticated by you, and/or b) the company did not give you a copy of any document that you signed authorizing the preauthorized electronic fund transfers, then your rights may have been violated and that is also a claim that may be class action worthy.
In a state like Massachusetts, if you receive more than two collection calls from a debt collector or creditor within a seven day span of time, that is also a claim that may be class action worthy.
While nothing in life is guaranteed, sometimes an added bonus is that we can ask the court to award extra monetary funds to the lead the plaintiff, who filed the class action on behalf of and for the benefit of others.
Give Us A Call With Your Questions
If you think that the harassment or unfair treatment that you are receiving from a debt collector, creditor, or another business is something that is happening not just to you but to many others, even if you are not sure, please save whatever evidence or proof you may have, and call Rights Protection Law Group, PLLC at (844) 893-1006 or use our online form.
We would love to give you a quick and free consultation, to see if we can try to help you right away.