What is this lawsuit about?
This lawsuit is about whether Defendants’ use of letters on the letterhead of a California district attorney, and charging allegedly unlawful fees in connection with a dishonored check, violates the federal Fair Debt Collection Practices Act (“FDCPA”) and the California Unfair Competition Law (“UCL”) or constitutes negligent misrepresentation or fraudulent misrepresentation. Specifically, Plaintiffs allege that Defendants violated federal and California law by: (1) collecting and attempting to collect fees that were not permitted by law; (2) using district attorney letterhead, and otherwise giving the impression that they were the office of various California district attorneys; (3) using letters that explicitly and implicitly falsely threatened check writers with prosecution if the check writers did not pay fees for the “District Attorney Bad Check Restitution Program; and, (4) sending collection letters that did not include disclosures and notices of consumer rights required by the Fair Debt Collection Practices Act. Defendants deny all allegations made by Plaintiffs and have asserted various defenses to these claims.
Who is Included?
The U.S. District Court for the Northern District of California decided that anyone who meets the criteria for either of the two groups described below are Class Members.
UCL Class: All persons in California to whom the defendants sent an initial collection demand in connection with a returned check at any time from September 1, 2011, to May 7, 2015, and who subsequently paid any fees to the defendants in response to that letter.
FDCPA Class: All persons in California to whom the defendants sent a collection demand in connection with a returned check from whom the defendants attempted to collect or collected money for checks written for personal, family, or household purposes, from December 1, 2013, to May 7, 2015.
You are part of the UCL class if you got a letter on California district attorney letterhead from one or more of the Defendants regarding participation in a Bad Check Restitution Program between September 1, 2011 and May 7, 2015, and you paid any money to the Bad Check Restitution Program. You are part of the FDCPA class if, whether you paid money to Defendants or not, you were sent a letter on California district attorney letterhead from one of the Defendants regarding participation in a Bad Check Diversion Program from December 1, 2012 to May 7, 2015, and the dishonored check you allegedly wrote was for personal, family, or household purposes.
How will you contact me in the future about the results of the case?
Important developments about the case will be posted to this website, but it is critical that you keep us advised of your current address so we can also mail you information. If you received your notice through the mail forwarding service or you moved or plan to move, please keep us advised of your current address by writing us at: Terrell Marshall Law Group, PLLC, 936 N 34th St., Suite 300, Seattle, WA 98103 or calling 1‐855‐349‐7023.