March 21 — Houston consumer protection attorney Richard Tomlinson has filed suit against Drive Financial Services, L.P. Alleging numerous violations of federal and state consumer protection laws while attempting to collect debts.
According to the lawsuit, filed on behalf of Houston resident Velincia Plummer and others (Case 4:06-cv-00068), Drive made it a practice to send people who fell behind in their payments a letter that violated the Federal Fair Debt Collection Practices Act and the Texas Debt Collection Act. Among other alleged violations, the letter threatens wage garnishment and pretends to be from an attorney or law firm, when in fact it was sent by Drive. Both are violations of consumer protection laws.
Federal and state consumer protection laws make it clear that lenders can't use overly aggressive and threatening tactics in an effort to collect a debt, said Tomlinson. This lawsuit should alert consumers that they can fight back when they receive a threatening demand by having it reviewed by an attorney. It may be a violation of federal or state law.
Tomlinson believes that Drive, which boasts on its Web site that is has more than 10,000 dealer partnerships across North America, sent such letters to at least 800 — and perhaps as many as 2,500 — Texas residents. Texans who have received a threatening letter from Drive Financial Services are encouraged to contact the Law Office of Richard Tomlinson at 713-627-2100.
The Federal Fair Debt Collection Practices Act includes an array of consumer protections, such as barring debt collector from threatening to sue, harassing the consumer, using profane language, calling repeatedly, calling after 9:00 P.M. Or before 8:00 A.M., calling at work against the consumer's wishes, misrepresenting the amount owed or the status of the debt, and falsely stating that the consumer has committed a crime or similar wrongdoing. Under the Act, a debt collector must cease all communications after the consumer informs them in writing that they refuse to pay or want the debt collector to stop calling.
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U.S.A.
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