Monday, February 18th, 2013 at
A report and recommendation from a magistrate judge means that Butto and Houser v. Collecto, Inc. (U.S. District Court, Eastern District of New York, Case No. 2:10-cv-02906(ADS)(AKT)) is one step closer to receiving class certification. Lemberg & Associates is representing Victoria Butto, who are suing Collecto, Inc. (doing business as EOS/CCA) for unlawful and predatory debt collection practices. The suit alleges that Verizon Wireless turned over Ms. Butto’s debt to Collecto for collection. Collecto sent her a debt collection letter that added collection fees to the amount owed. Collecto had made arrangements with Verizon that they would receive their payments when Collecto had successfully collected on the debts. If Collecto didn’t collect on the debt, they weren’t entitled to any fees. Because no monies had been recovered at the time Collecto sent the letter, it was not entitled to its collection fees. The suit alleges that Collecto therefore misled Ms. Butto by creating a false impression that they incurred collection fees and owed that money, in violation of the Fair Debt Collection Practices Act.
The Report and Recommendation filed by the court recommended that the presiding judge grand class certification to the following: New York consumers who were sent a collection letter by Collecto, Inc. DBA EOS/CCA for a Verizon Wireless account, which included a collection fee for Verizon Wireless service that hadn’t yet been incurred when the letter was sent.
Thursday, January 24th, 2013 at
On behalf of our clients, Lemberg & Associates recently filed a complaint in U.S. District Court, Central District of California, against EOS CCA. Our client alleges that EOS CCA called his cell phone to collect a $375 AT&T debt using an automated dialing system and a prerecorded message. Our client was disputing the debt with AT&T and didn’t want calls from EOS CCA. He followed the recording’s prompts to remove his cell phone number from the EOS CCA list. Nevertheless, he continued to receive phone calls, sometimes after 9:00 p.m. and once at 3:00 a.m.
The lawsuit charges that EOS CCA violated the Fair Debt Collection Practices Act (FDCPA) by calling before 8:00 a.m. and after 9:00 p.m.; and by engaging in harassing behavior. In addition, it charges that EOS CCA violated the Telephone Consumer Protection Act by using an automated dialer and prerecorded messages to call his cell phone, and by continuing to call even after knowing our client did not want to be contacted on his cell phone. The lawsuit also charges that EOS CCA violated the Rosenthal Fair Debt Collection Practices Act and invaded our client’s privacy.
Wednesday, September 14th, 2011 at
The U.S. District Court, Eastern District of New York has denied the defendant’s motion to compel arbitration in our class action suit, Butto and Houser v. Collecto (10-cv-2906 (ADS)(AKT)).
The suit alleges that Collecto (collecting a Verizon Wireless debt in the case of Ms. Butto, and collecting an AT&T Mobility debt in the case of Ms. Houser) violated the Fair Debt Collection Practices Act and New York’s consumer protection statute. The suit alleges that Collectco sent both women debt collection letters that added 18% in collection fees to the amounts owed. The suit alleges that Collecto had made arrangements with Verizon and AT&T that they would receive their payments when Collecto had successfully collected on the debts. Because no monies had been recovered at the time Collecto sent the letters, it was not entitled to its collection fees. The suit alleges that Collecto therefore misled Ms. Butto and Ms. Houser by creating a false impression that they incurred collection fees and owed that money.
If you had a contract with AT&T Mobility or Verizon Wireless, and received a debt collection letter from Collecto, please call our office toll-free at 855-301-2100.
To learn more about the case, or to download the pleadings and decisions, please visit the Lemberg & Associates website.
Tuesday, August 30th, 2011 at
The Patriot Ledger ran a story about our client’s experiences with the debt collection agency EOS CCA. Unfortunately, her experience is all too common.
You can read the article here.