Hallmark v. Cohen & Slamowitz, 11-CV-842 (Sept. 14)

In New York, 2013, there is a high probability many residents that suffer from loan, mortgage and credit card debt. In some cases, bankruptcy is an option. There are different types of bankruptcy, which a legal professional may assist you with making the right decision. Lawyers may also be able to aid you with other forms of debt and possible solutions.

After Hallmark defaulted on credit card debt, Cohen & Slamowitz (C&S) was hired to collect. Upon receipt of the debt letter, Hallmark noticed an extra charge of $140.  The $140 filing fee was determined to be improperly charged. C&S also sent 17,475 letters to other debtors. This prompted Hallmark to file a class action lawsuit, under the Fair Debt Collection Practices Act (FDCPA). Federal Rule of Civil Procedure 23, of the FDCPA, allows a representative to bring a class action lawsuit if the representative party may fairly file a suit on behalf of a group of members that is too large to be normal co-plaintiffs, and all the plaintiffs share a similar claim. Since all of the 17,475 claimants’ cases include the $140 illegitimate surcharge, the plaintiffs qualify for the class action lawsuit.

If you feel like you are being taken advantage of by creditors, then seek assistance by an experienced professional. If you want help with debt or bankruptcy issues, then attorney Jayson Lutzky is here for you. Mr. Lutzky has 30 years of experience with practicing law. You may contact him at 1-800-660-5299, for a free initial consultation. You may also visit www.MyNewYorkCityLawyer.com.