Lambeth v. Advantage Financial Services, LLC, 2015 WL 4624008 (D. Idaho Aug. 3, 2015)
The parties have reached a settlement of this action in the United States District Court for the District of Idaho. As part of the settlement, the Court entered an injunction requiring Advantage Financial Services, LLC (“Defendant”) to comply with sections 15 U.S.C. 1692d(6) and 15 U.S.C. 1692e(11) of the Fair Debt Collection Practices Act (“FDCPA”) with regard to debt collection phone calls made to consumers, and to designate one or more officers to ensure the company complies with the injunction. The case centers on Defendant's alleged violations of the FDCPA by making debt collection phone calls to consumers where Defendant failed to disclose that it was a debt collector calling to collect a debt.
The class, which includes approximately 40,000 members, is defined as:
In addition to the injunction, the settlement requires Defendant to make a cy pres payment to Idaho Legal Aid Services in the amount of $5,000.00.
All persons (1) located in Idaho, (2) for whom Advantage Financial Services, LLC left, or caused to be left, a voice message, (3) in connection with collection of a consumer debt, (4) from February 4, 2014 through February 4, 2015.
The Court granted final approval of the settlement on August 3, 2015.
Of note, no absent class members released any claims against Defendant as part of the settlement.
If you have any questions about the settlement or the litigation, please contact Class Counsel Michael L. Greenwald at (561) 826-5477.