Ward v. Tidewater Fin. Co.

95-0277-R (W.D. Va. Dec. 19, 1995) ; Clearinghouse Number: 51101

Description

Debt Collector to Void Judgments Obtained and Nonsuit Pending Actions in Improper Venue

Abstract

The parties have settled this class action against defendant debt collectors' collection practices. Plaintiff consumers signed contracts with a health spa that were referred to defendants for collection. They alleged that defendants misrepresented themselves as employees of the spa in order to bring suit in Chesapeake County, a county far from plaintiffs' domicile where they were unlikely to contest, and that defendants' actions violated the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. §§ 1961 et seq., the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 et seq., and the state's consumer protection act. Defendants agreed to void judgments obtained against class members in Chesapeake County and to nonsuit any pending actions against class members in the county, although they may recommence suits against class members in the proper venue within six months. Defendants will refund payments made by subclass members after they had been sued in Chesapeake County, pay named plaintiffs $1,000 each and reimburse any funds paid on their accounts, and pay plaintiffs $4,500 in attorney fees.

Additional Information

Attorney Information
Plaintiffs represented by Henry Woodward, David Beidler, Legal Aid Society of Roanoke Valley, 416 Campbell Ave. SW, Roanoke, VA 24016-3627, (703)344-2088.
Docket Date
1970-01-01 06:00:00+00:00