10/10/18

Midland and Barclays Statute of Limitations Developments

On September 21, 2018, a class action lawsuit was filed against Midland Credit Management and the Schreiber/Cohen law firm of Salem, New Hampshire, on behalf of two Massachusetts residents who were sued on consumer debts by Midland Funding after the Delaware three-year limitations period had expired. 

On October 5, 2018, a judge of the Orange District Court dismissed a collection lawsuit brought by Midland Funding on the ground that it was filed beyond the three-year Delaware statute of limitations.

The class action lawsuit brought against Barclays Bank Delaware and the Stillman Law Office for filing collection lawsuits beyond the three-year Delaware statute of limitations remains pending.

Attorney Kenneth D. Quat represents the consumers in these lawsuits.  The Midland class action is being co-counseled with Greater Boston Legal Services and the National Consumer Law Center.
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By Kenneth D. Quat, Massachusetts Consumer Rights Attorney.
If you feel your rights have been violated, please contact our office. In most situations, we can provide an initial case evaluation at no charge.
Learn more at QuatLaw.com.

Post Cereals Sued for Misrepresenting "Honey Bunches of Oats"

On October 5, 2018, a class action suit was filed against Post Consumer Brands, LLC, for committing unfair and deceptive trade practices in branding and packaging  its "Honey Bunches of Oats" cereals as primarily sweetened with honey.  In fact, the cereals are primarily sweetened with sugar and other refined substances, while honey is a very minor ingredient.  The lawsuit contends that consumers were harmed by paying a premium to purchase the cereals as misrepresented by Post.  The plaintiffs and the putative class are represented by Quat Law Offices and Reese LLP.
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By Kenneth D. Quat, Massachusetts Consumer Rights Attorney.
If you feel your rights have been violated, please contact our office. In most situations, we can provide an initial case evaluation at no charge.
Learn more at QuatLaw.com.

Class Action Filed Against Atlantic Collection Agency

On October 9, 2018, a class action suit was filed against Atlantic Collection Agency of East Lyme, Connecticut, in the United States District Court, District of Massachusetts.  The suit alleges that for years Atlantic collected consumer debts in Massachusetts without being licensed by the Division of Banks.  The suit seeks compensation for the violation of class members' rights and for money that they paid due to Atlantic's unlawful collection activities.  Counsel for plaintiff is Kenneth D. Quat and Quat Law Offices.
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By Kenneth D. Quat, Massachusetts Consumer Rights Attorney.
If you feel your rights have been violated, please contact our office. In most situations, we can provide an initial case evaluation at no charge.
Learn more at QuatLaw.com.

7/12/18

Update: State Road Auto

On September 6, 2017, a class action settlement with State Road Auto Sales, Inc., received final approval from the Suffolk Superior Court.   The lawsuit alleged that State Road's standard auto lease violated the Consumer Leasing Act in multiple respects, and that it also contained several anti-consumer provisions that violated Massachusetts law.  The settlement provided for cash payments to class members and for State Road to remedy the alleged violations in its lease form.  The payments have been made and the case has terminated.  Attorney Kenneth D,. Quat served as class counsel along with Attorney Deborah Roher.

State Road is currently being sued  by the Massachusetts Division of Banks.  This case alleges that some of its  consumer contracts are not true leases but rather are disguised sales that violate certain consumer protection regulations. 
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By Kenneth D. Quat, Massachusetts Consumer Rights Attorney.
If you feel your rights have been violated, please contact our office. In most situations, we can provide an initial case evaluation at no charge.
Learn more at QuatLaw.com.

Barclays Collection Suit Dismissed as Time-Barred

On May 18, 2018, a judge of the Lawrence District Court dismissed a lawsuit brought by Barclays Bank Delaware against a client of Quat Law Offices seeking to collect a credit card debt.  The judge ruled that the Delaware three-year statute of limitations applied (and not the Massachusetts six-year statute) and therefore Barclays had filed the case  too late.  Factors indicating that the Delaware statute applied included: the account agreement was governed by Delaware law; Barclays is incorporated and has its principal place of business in Delaware, and the alleged breach occurred in Delaware.
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By Kenneth D. Quat, Massachusetts Consumer Rights Attorney.
If you feel your rights have been violated, please contact our office. In most situations, we can provide an initial case evaluation at no charge.
Learn more at QuatLaw.com.

2/14/18

First Resolution Settlement Receives Final Approval

On May 23, 2018, the Suffolk Superior Court gave final approval to a class action settlement in Clark v. First Resolution Investment Corporation, a case that alleged First Resolution - a debt buyer - collected consumer debts in Massachusetts without a license.  The appeal period has since expired and therefore final judgment has entered.  The settlement provides for approximately $1 million in payments to be refunded to class members, and for class members to receive approximately $20 million in interest forgiveness and balance reductions.  The refund checks are being mailed to class members on July 12, 2018, and must be cashed or deposited by September 10, 2018.  Class members with questions may visit the settlement website - www.firstresolutionsettlement.com. 
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By Kenneth D. Quat, Massachusetts Consumer Rights Attorney.
If you feel your rights have been violated, please contact our office. In most situations, we can provide an initial case evaluation at no charge.
Learn more at QuatLaw.com.

2/21/17

Decision: Midland Funding Must Be Licensed to Collect Consumer Debts in Massachusetts

On February 15, 2017, the Appellate Division of the District Court Department ruled that Midland Funding, LLC, one of the nation's most active debt buyers, cannot lawfully collect consumer debts in Massachusetts without being licensed as a debt collector by the Division of Banks.  Although this decision may be appealed, for the time being it is likely to have significant ramifications for all Massachusetts consumers who are facing collection efforts by Midland, as well as by other debt buyers.
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By Kenneth D. Quat, Massachusetts Consumer Rights Attorney.
If you feel your rights have been violated, please contact our office. In most situations, we can provide an initial case evaluation at no charge.
Learn more at QuatLaw.com.

Waterfront Capital Settlement Given Final Approval

The Suffolk Superior Court has issued final approval to a class action settlement wherein Waterfront Capital, LLC will pay damages to Massachusetts residents from whom it collected money while not licensed as a debt collector.   The case is entitled Waterfront Capital, LLC v. Jason R. Sissel, No. 14-4051.  Assuming no appeals are taken, judgment will become final on September 15, 2017.   Class counsel are Kenneth D. Quat and Josef C. Culik.
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By Kenneth D. Quat, Massachusetts Consumer Rights Attorney.
If you feel your rights have been violated, please contact our office. In most situations, we can provide an initial case evaluation at no charge.
Learn more at QuatLaw.com.

12/20/16

Case Updates: LVNV Funding, Midland Funding, Waterfront Capital, Jefferson Capital, First Resolution Investment Corp., Cavalry SPV I

The class actions pending against debt buying companies LVNV Funding, Midland Funding, Waterfront Capital, Jefferson Capital, and Cavalry SPV I have all been moving forward.  The current status of each case is as follows:

LVNV Funding:  Motions for class certification and for summary judgment were heard by the Suffolk Superior Court on December 14, 2016.  Decisions are not expected for at least a month.

Midland Funding:  Midland's motion to compel arbitration was heard by the U.S. District Court on December 7, 2016.  A decision is not expected for at least a month.

Waterfront Capital:  Hearings on motions for class certification and for summary judgment did not go forward as scheduled on September 26, 2016, to permit the parties to finalize a settlement.

Jefferson Capital:  A hearing on Jefferson Capital's motion to compel arbitration is scheduled to be heard by the U.S. District Court on December 21, 2017.

First Resolution Investment Corp:  The parties have completed discovery, and it is anticipated that motions for class certification and for summary judgment will be filed shortly.

Cavalry SPV I:  An initial scheduling conference was conducted by the Suffolk Superior Court on November 15, 2017.  The parties are now pursuing discovery.

Plaintiffs in each of the above cases are represented by Attorneys Kenneth D. Quat and Josef C. Culik.  The National Consumer Law Center is also co-counsel for the plaintiffs in the LVNV cases.


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By Kenneth D. Quat, Massachusetts Consumer Rights Attorney.
If you feel your rights have been violated, please contact our office. In most situations, we can provide an initial case evaluation at no charge.
Learn more at QuatLaw.com.

Bertucci's Settlement Documents

The Suffolk Superior Court has given preliminary approval to a class action settlement in the case of Kappotis v. Bertucci's Inc., Civil No. 15-3281.   The settlement resolves claims of Massachusetts consumers who purchased a Bertucci's gift card as part of a 2015 holiday promotion and received a $5.00 'Thank You Card."  The claims allege that Bertucci's failed to disclose important restrictions on the use of the "Thank You Card," thereby diminishing its true value.  On February 9, 2017, the Court will hold a hearing to determine if the settlement should receive final approval.  Important documents in the case, including the settlement agreement and the full class notice, may be reviewed using the following link:http://forrestlamothe.com/class-notices/

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By Kenneth D. Quat, Massachusetts Consumer Rights Attorney.
If you feel your rights have been violated, please contact our office. In most situations, we can provide an initial case evaluation at no charge.
Learn more at QuatLaw.com.

6/25/16

State Road Auto Sales: Class Certified

On June 21, 2016, the Suffolk Superior Court granted class certification in the case of Grant v. State Road Auto Sales, Inc., (Civil No. 14-3292).   This lawsuit alleges that State Road Auto Sales employed a standard auto leasing contract which violated the Consumer Leasing Act and Massachusetts law in multiple respects.  Counsel for the plaintiff are Kenneth D. Quat of Quat Law Offices and Deborah G. Roher.
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By Kenneth D. Quat, Massachusetts Consumer Rights Attorney.
If you feel your rights have been violated, please contact our office. In most situations, we can provide an initial case evaluation at no charge.
Learn more at QuatLaw.com.

Liberty Mutual MedPay Settlement Receives Final Approval

On June 22, 2016, the Suffolk Superior Court granted final approval to the class action settlement reached in the case of Golchin v. Liberty Mutual Ins. Co.,. (Civil No. 15-0695).  The settlement, reached after eight years of litigation (including two successful appeals to the Supreme Judicial Court) provides benefits for insured persons who may have been wrongfully denied Medical Payments ("MedPay") benefits by Liberty Mutual because their claimed expenses had been covered by health insurance.  Class counsel were Kenneth D. Quat of Quat Law Offices, and Elliot Beresen of Manelis & Beresen.
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By Kenneth D. Quat, Massachusetts Consumer Rights Attorney.
If you feel your rights have been violated, please contact our office. In most situations, we can provide an initial case evaluation at no charge.
Learn more at QuatLaw.com.

6/13/16

John Oliver Skewers Debt Buying Industry, Forgives $15 Million of Stale Medical Debt

Watch John Oliver's recent take-down of the debt buying industry where, among other things, he purchases $15 million in defaulted medical debt for $60,000 and then forgives it.

https://www.youtube.com/watch?v=hxUAntt1z2c
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By Kenneth D. Quat, Massachusetts Consumer Rights Attorney.
If you feel your rights have been violated, please contact our office. In most situations, we can provide an initial case evaluation at no charge.
Learn more at QuatLaw.com.

6/9/16

Liberty Mutual Class Action Settlement Update

A hearing to obtain final approval of the class action settlement in Golchin v. Liberty Mutual is scheduled for June 22, 2016,, in Suffolk Superior Court.  The settlement provides a mechanism for eligible class members to obtain Medical Payments ("MedPay") benefits which may have been wrongfully denied, or, in the alternative, to receive a fixed payment.  This case has been pending since 2008 and was kept alive through two successful appeals to the Massachusetts Supreme Judicial Court.  Counsel for the settlement class are Kenneth D. Quat of Quat Law Offices, and Elliot Beresen.
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By Kenneth D. Quat, Massachusetts Consumer Rights Attorney.
If you feel your rights have been violated, please contact our office. In most situations, we can provide an initial case evaluation at no charge.
Learn more at QuatLaw.com.

7/9/15

Debt Buyer Class Action Updates: LVNV Funding and Midland Funding

On March 30 2015, the Suffolk Superior Court denied the motion of LVNV Funding to dismiss the class action lawsuit challenging its right to collect consumer debts from Massachusetts residents without a license. The complaint alleges that LVNV must be licensed by the Division of Banks regardless of the fact that it owns the debts which it seeks to collect. The case seeks to recover all monies which LVNV has collected from Massachusetts consumers from August 22, 2010 through the present, as well as seeking other relief such as voiding court judgments and dismissing pending collection actions. As a result of the Court’s decision, the parties are currently conducting discovery.

The case against Midland Funding, also filed in Suffolk Superior Court, involves identical claims as those asserted LVNV Funding and seeks similar relief for class members. Midland removed the case to federal court, an action which Plaintiff has challenged. Discovery and other progress in the Midland case are essentially on hold until the removal issue is decided.

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By Kenneth D. Quat, Massachusetts Consumer Rights Attorney.
If you feel your rights have been violated, please contact our office. In most situations, we can provide an initial case evaluation at no charge.
Learn more at QuatLaw.com.

New Class Actions: First Resolution and Waterfront Capital

Massachusetts consumer rights attorney Kenneth D. Quat is lead counsel in two class action lawsuits brought against First Resolution Investment Corp. and Waterfront Capital LLC, companies which are large-volume buyers of defaulted consumer credit card debts. The lawsuit alleges that for years First Resolution and Waterfront Capital have been unlawfully collecting debts in Massachusetts because neither is licensed as a debt collector by the Division of Banks. The lawsuits seek to recover damages for consumers and to enjoin the companies from further collection activities until they are properly licensed.

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By Kenneth D. Quat, Massachusetts Consumer Rights Attorney.
If you feel your consumer rights have been violated, please contact our office. In most situations, we can provide an initial case evaluation at no charge.
Learn more at QuatLaw.com.

10/21/14

Debt Cancellation: A Trap for the Unwary

Many consumers are unaware that when they negotiate with a creditor for a reduction or forgiveness of debt, some or all of the reduction may be taxable as income.  Here's a link to an article that highlights this problem:  http://www.nytimes.com/2014/03/28/your-money/disabled-borrowers-trade-loan-debt-for-a-tax-bill-from-the-irs.html?_r=1   The best way to avoid this possibility is to have the creditor agree not to issue a 1099, but this option is not always available.  Even if a 1099 is issued, some or all of the tax may still be avoided (due to insolvency or other circumstances), but a consumer should consult with a CPA or tax attorney about potential tax issues before entering into a settlement that involves debt reduction or forgiveness.

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By Kenneth D. Quat, Massachusetts Consumer Rights Attorney.
If you feel your rights have been violated, please contact our office. In most situations, we can provide an initial case evaluation at no charge.
Learn more at QuatLaw.com.

10/14/14

New Class Actions: LVNV Funding and Midland Funding

Attorney Kenneth D. Quat is lead counsel in two class action lawsuits brought against LVNV Funding, LLC. and Midland Funding, LLC, companies which are large-volume buyers of defaulted consumer credit card debts. The lawsuit alleges that for years LVNV and Midland have been unlawfully collecting debts in Massachusetts because neither is licensed as a debt collector by the Division of Banks. The lawsuits seek to recover damages for consumers and to enjoin the companies from further collection activities until they are properly licensed.

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By Kenneth D. Quat, Massachusetts Consumer Rights Attorney.
If you feel your rights have been violated, please contact our office. In most situations, we can provide an initial case evaluation at no charge.
Learn more at QuatLaw.com.

Golchin v. Liberty Mutual Update

After another successful appeal to the Massachusetts Supreme Judicial Court, the Plaintiff in the class action entitled Golchin v. Liberty Mutual is now conducting discovery. In this case, which is pending in Worcester Superior Court, Diane Golchin alleges that Liberty Mutual unlawfully denied “medical payments” benefits to her and other insured persons who were harmed in auto accidents. In the latest appeal, the SJC rejected Liberty Mutual’s argument that the medical bills for which Ms. Golchin sought benefits were not “incurred” within the meaning of the insurance policy, and declared that MedPay benefits were in fact payable. Remaining to be litigated are Ms. Golchin’s claim under G.L. c. 93A and all claims asserted on behalf of other insureds. Plaintiff is represented in this case by Attorneys Kenneth D. Quat and Elliot Beresen.

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By Kenneth D. Quat, Massachusetts Consumer Rights Attorney.
If you feel your rights have been violated, please contact our office. In most situations, we can provide an initial case evaluation at no charge.
Learn more at QuatLaw.com.

National Collegiate Student Loan Trust

Attorney Kenneth D. Quat and Quat Law Offices are currently representing clients who have been sued by National Collegiate Student Loan Trust (“NCSLT”) for allegedly unpaid student loans. Unlike many student loan collection lawsuits, cases brought by NCSLT can often be successfully defended, so any person who is a defendant in such a case should consult experienced legal counsel.