Gonzalez v. Germaine Law Office PLC, 2016 WL 3360700 (D. Ariz. June 1, 2016)
The parties have reached a settlement of this action in the United States District Court for the District of Arizona. The settlement provides for a common fund from which participating class members will receive an equal share.
This case stems from alleged violations by Germaine Law Office PLC ("Defendant") of section 1692g(a) of the Fair Debt Collection Practices Act ("FDCPA"), with regard to initial debt collection letters sent to Arizona consumers. Lead Plaintiff alleged that Defendant violated the FDCPA by failing to include proper disclosures in these initial debt collection letters.
The Settlement Class is defined as:
(a) All persons with an Arizona address, (b) to whom Germaine Law Office, PLC mailed, (c) between July 27, 2014 and July 27, 2015, (d) an initial debt collection communication, (e) in connection with the collection of a consumer debt, (f) that stated:
Unless you, within ten days after receipt of this correspondence, dispute the validity of the debt, or any portion thereof, we will assume the debt to be valid; and/or
If you notify us in writing within the ten-day period that the debt, or any portion thereof, is disputed, we will obtain verification of the debt or a copy of a judgment against you and we will mail you a copy of such verification or judgment; and/or
Upon your written request within the ten-day period, we will provide you with the name and address of the original creditor, if different from the current creditor; and/or
Unless the amount above stated is paid to this office within ten (10) days from the date of this letter or other suitable arrangements are made for payment, I have been authorized to commence legal proceedings, without further notice to you, in order to collect this amount.
Class members need not take any action to receive a settlement payment.
The Court approved the settlement on October 3, 2016.
If you have any questions about the settlement or the litigation, please contact James L. Davidson at firstname.lastname@example.org