Cobb v. Edward F. Bukaty, III, PLC, 2016 WL 4925165 (M.D. La. Sept. 14, 2016)

---

The parties have reached a settlement of this action in the United States District Court for the Middle District of Louisiana. The settlement provides for a common fund from which participating class members will receive an equal share.

This case stems from alleged violations by Edward F. Bukaty, III, PLC ("Defendant") of sections 1692g(a)(1), 1692g(a)(4), 1692e(2)(A), and 1692e(10) of the Fair Debt Collection Practices Act ("FDCPA"), with regard to debt collection letters sent to Louisiana consumers on behalf of Citibank, N.A.  Lead Plaintiff alleged that Defendant violated the FDCPA by failing to include proper disclosures in these debt collection letters.

The three Settlement Classes are defined as: 

All persons (a) with a Louisiana address, (b) to whom Edward F. Bukaty, III, PLC mailed an initial debt collection communication that stated: “Unless you notify us within 30 days after receipt of this communication that the validity of this debt, or any portion of it, is disputed, we will assume that the debt is valid.  If you do notify us of a dispute, we will obtain verification of the debt and mail it to you,” (c) from May 26, 2014 to May 26, 2015, (d) in connection with the collection of a consumer debt on behalf of Citibank, N.A.;

All persons (a) with a Louisiana address, (b) to whom Edward F. Bukaty, III, PLC mailed an initial debt collection communication, (c) from May 26, 2014 to May 26, 2015, (d) in connection with the collection of a consumer debt on behalf of Citibank, N.A., (e) that did not state (1) whether interest was in fact accruing on the subject debt, and, if interest was accruing, the amount of interest due as of the date of the initial communication, or (2) the effective date as of which an amount would suffice to pay off the subject debt in full, or (3) the date as of which any unpaid accrued interest was calculated, or (4) the applicable interest rate; and

All persons (a) with a Louisiana address, (b) to whom Edward F. Bukaty, III, PLC mailed a debt collection communication, (c) from May 26, 2014 to May 26, 2015, (d) in connection with the collection of a consumer debt on behalf of Citibank, N.A., (e) that stated the amount owed on the subject debt without any qualification or explanation of whether or not interest, late fees, or other charges were accruing.

The Court granted preliminary approval to the settlement on September 14, 2016, and granted final approval on January 27, 2017.

If you have any questions about the settlement or the litigation, please contact Jesse S. Johnson at jjohnson@gdrlawfirm.com.