Marcoux v. Susan J. Szwed, P.A., 2016 WL 5720713 (D. Me. Oct. 3, 2016)

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

This case stems from alleged violations by Susan J. Szwed, P.A. ("Defendant") of section 1692g(a)(4) of the Fair Debt Collection Practices Act ("FDCPA"), with regard to debt collection letters sent to Maine consumers on behalf of Bank of America, N.A.  Lead Plaintiffs alleged that Defendant violated the FDCPA by failing to include proper disclosures in these debt collection letters.

The Settlement Class, which consists of approximately 92 persons, is defined as: 

All persons (a) with an address in Maine, (b) to whom Susan J. Szwed, P.A. mailed an initial debt collection communication that stated: “If you notify this firm within thirty (30) days after your receipt of this letter, that the debt or any portion thereof, is disputed, we will obtain verification of the debt or a copy of the judgment, if any, and mail a copy of such verification or judgment to you,” (c) between March 10, 2014 and March 10, 2015, (d) in connection with the collection of a consumer debt on behalf of Bank of America, N.A.

The Court held a final fairness hearing on January 27, 2017. The Court granted final approval to the settlement on Feb. 21, 2017.

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