District Court approves class action settlement over threatening collection letters

Courts Debt Collection State Issues Class Action Foreclosure

On January 10, the U.S. District Court for the Southern District of West Virginia approved an $861,000 class settlement resolving allegations that a bank violated the West Virginia Consumer Credit Protection Act by falsely threating “legal action” in the collection of foreclosure fees. According to the complaint, the bank, in an attempt to collect foreclosure and attorney’s fees, sent letters to consumers stating “notice of pending litigation,” misrepresenting that a legal proceeding had been filed, when no filings had occurred. The settlement covers any West Virginia automobile or home loan consumer who received one of three specified letters since 2012 and 2013, and awards the plaintiffs’ attorneys one-third of the cash settlement. The three lead plaintiffs will each receive $5,000 “in recognition of service to the class.”