LARGO, FL (February 19, 2016) — A class-action lawsuit has been filed against the Florida-based law firm Greenspoon Marder P.A., alleging that it engaged in unfair debt collections practices when it sent collections letter to consumers claiming that a debt would be assumed valid if not disputed within 30 days after receipt of the notice.
The suit, Regalado, et al. v. Greenspoon Marder, P.A., case no. 0:16-cv-60025-KMW, was filed Jan. 4 in the U.S. District Court, Southern District of Florida.
The plaintiffs, who are Florida residents, received a form debt collection letter relating to a defaulted timeshare loan. The form debt collection letter contained the following language:
“You have thirty (30) days from the date of your receipt of this notice to dispute the validity of the debt of any portion thereof. If you fail to dispute the validity of this debt, the debt will be assumed to be valid.”
The plaintiffs allege that the language used by the defendant is false and misleading under federal and Florida law because it leads a debtor to believe that anyone, not just debt collectors, can and will assume a debt is valid and owed if it is not disputed within 30 days.
The plaintiffs have asked the Court to certify a class consisting of consumer debtors who have received an identical or substantially similar form collection letter from Greenspoon Marder. The suit seeks a declaratory judgment that the letter violates federal and Florida law, as well as statutory damages, attorneys’ fees and an injunction prohibiting the defendant from using the form debt collection letter.
Michael D. Finn, managing member of Finn Law Group representing the plaintiff and the potential class, stated, “Law firms must follow the law. While a debt collector like Greenspoon Marder may assume a debt is valid if a consumer doesn’t dispute it within 30 days that doesn’t mean everyone, including courts, must assume it is valid.”
The Finn Law Group, which has an office in Florida, represents consumers in timeshare and related real estate matters. For more information, contact Michael D. Finn by calling 855-346-6529 or [email protected]
PRESS RELEASE SOURCE: Finn Law Group
Finn Law Group
Michael D. Finn, 855-346-6529