If you have received a letter from a debt collector that violates the law, they likely sent that same letter to their entire mailing list. This means that we can create a class action lawsuit against the debt collector. Learn more about this here. Our current cases are listed below.
The Court has filed the First Opinion in the Nation holding that a Foreclosure Firm placing the Sheriff Sale information in the Detroit Legal News and publishing a homeowner’s mortgage debt information is collecting on a debt under the FDCPA. Mr. Gray has filed the first of its kind class action lawsuit against a foreclosure debt collector holding that the Defendant Trott is collecting a debt when it Publishes the Sheriff Sale Notice for the home of the debtor in the Detroit Legal News. Case #16-00237 in WD Federal Court.
Another first of its kind class action lawsuit alleging the foreclosure firm as a debt collector in sheriff sales and Detroit Legal News as publishing consumer reports and liable under the FCRA. Case # 17-11034 ED Federal Court.
Class Action lawsuit against Midland Funding, Asset Acceptance and Encore Capital Group for suing thousands of Michigan consumers using false or “Robo” Notaries to back up their collection lawsuits through the State of Michigan. Case #16-11395 ED Federal Court. Cheslek v Midland Funding, LLC Case 16-1183 WD Federal Court
Class Action lawsuit filed against PRA for using false information and “personal knowledge” in the Affidavits they use in filing thousands of collection lawsuits against Michigan consumers. The Affidavit is used as a substitute for real evidence or proof that the consumer owes the debt to PRA.
Again, a first of its kind win, we beat the City of Detroit twice in their lawsuits against banks and business for taxes the businesses don’t owe but the City is suing them anyway. Our win was the first of its kind in this recent City Tax case and now others are riding the victory to win their cases. Wayne County Court City v Baylor Case # 16-010881-CZ and City of Detroit v AC Jason Company, 36thDistrict Court 16-116958
Stellar Recovery is adding (they have stopped after our class action) convenience fees to money owed by consumers in collecting bills for Comcast. They just added an amount they thought they should receive ($9.50) with no legal or contractual reason. Case is filed in ED Federal court #16-13689
Another first of its kind lawsuit against a collector of condo mortgage debt. Allegedly, Holzman is publishing the private debt information of consumers in the Notice of Sheriff Sales in the paper in violation of the FDCPA. This builds on our victory in Gray v Trott above. Marzouq case #17-11696 in ED Federal Court.
In Thompke v Fabrizio & Brook, P.C. the Court denied Fabrizio’s Motion to Dismiss and held that Plaintiffs have claim under the Fair Debt Collection Practices Act and Michigan’s Collection Practices Act (MCPA) when a foreclosure firm advertises a home is for sale in a Public Notice of Mortgage Foreclosure Sale Notice that tells the public that about the homeowners debt, who the consumer is and that a debt collector is selling their home to pay off the mortgage. The Court held, “The plaintiffs (Thompke) have stated a plausible theory that the defendant abused Michigan’s foreclosure-by-advertisement statute by including extra information as a means to publicly disseminate private facts about the plaintiffs’ indebtedness to shame them into paying.”
Michigan homeowners now have a right to expect that their private debt information won’t be publicized when they are going through a foreclosure process that until now, has seemed very one-sided and stacked against them. With this Thompke Opinion, The Law Offices of Brian P. Parker, P.C. has leveled the playing field for consumers and forced debt collectors to follow the law and treat people with greater respect.