Defendant Trott is publishing Foreclosure Sale Notices in newspapers, county buildings and public notice websites as debt collectors. Trott is violating the FDCPA and the Right to Privacy advising the world that the homeowner owes a Mortgage Debt as part of a Foreclosure Sale Notice. Any Foreclosure statute requiring this public notice is preempted by the Federal Act.
Defendant Mary Jane Elliott was sending initial debt collection letters to Michigan Residents with listing the mandatory validation notice that dispute and verification requests must be made in writing. Written requests automatically require the debt collector to cease and desist from collecting on the debt until the validation request is honored.
Defendant violated the FDCPA by making false, deceptive, and misleading representations that Defendant Enerson is permitted by Michigan law to collect a debt by lawsuit or through a legal proceeding against a Michigan Consumer.
Defendant violated the FDCPA in that the letters to the Plaintiff and the class members by charging a $5.00 processing fee on check and credit card payments.
Plaintiff has filed a class action complaint against Defendant, Trott Law, P.C. (Trott) for using deceptive and misleading representations in a debt collector letter for its mortgage and servicer clients and violating 15 U.S.C. §1692g by failing to inform the homeowner who they represent.