Greenwald Davidson Radbil PLLC | Sullivan v. Marinosci Law Group, P.C., P.A., 2019 WL 6709575 (S.D. Fla. Nov. 22, 2019)
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Sullivan v. Marinosci Law Group, P.C., P.A., 2019 WL 6709575 (S.D. Fla. Nov. 22, 2019)

On October 11, 2018, Kimberly Sullivan (“Plaintiff” or “Class Representative”) filed a class action complaint against Marinosci Law Group, P.C., P.A. (“Defendant”) in the United States District Court, Southern District of Florida, Case No. 9:18-cv-81368-DMM-DLB, asserting class claims under the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692 et seq..

The settlement, which was approved by the Court on November 22, 2019, resolved the claims of the following class:

All persons (a) with a Florida address, (b) to whom Marinosci Law Group, P.C., P.A. mailed an initial debt collection communication not returned as undeliverable to Marinosci Law Group, P.C., P.A., (c) in connection with the collection of a consumer debt, (d) between October 11, 2017 and August 19, 2019, (e) that stated (1) the payoff amounts
“are estimates amounts and are subject to increase depending upon various factors involved in the foreclosure case (see Explanation of Charges below);” or (2) the consumer “must contact [Defendant] prior to sending the Payoff Amount for an updated list of itemized amounts;” or (3) “[t]he payoff Amount may change under certain circumstances (see below);” or (4) “[t]he Lender reserves the right to demand amounts in addition to the charges stated above before or after the release of its security interest in the property if there was an error or omission in the above charges that was made in good faith, whether mathematical, clerical, typographical or otherwise;” or (5) “[t]he payoff Amount is also subject to change to reflect services that may be performed on or after the date of this letter;” or (6) “below is an itemization of the amounts needed to pay-off the above-referenced loan(s), which are good through ‘GT DATE’, without defining the term GT DATE; or (7) that provides a payoff amount as of a date at least 45 days prior to the date of the letter; or (8) “[i]f the debtor notifies the firm within 30 days after receipt of this letter that the debt, or any portion of the debt, is disputed, the firm will obtain verification of the judgment will be mailed to the debtor by the firm;” or (9) “[u]pon the debtor’s request within 30 days after receipt of this letter, the firm will provide the debtor with the name and address of the original creditor if different from the current creditor.”

For more information about the case and settlement, please contact James Davidson