Massachusetts Consumer Rights

Massachusetts Homeowner Allowed to Rescind Countrywide Mortgage

2011-10-05T10:24:00.003-04:00

On September 27, 2011, Judge William Hillman of the U.S. Bankruptcy Court, District of Massachusetts, issued a 57-page opinion in which he ruled that Douglas and Mary Cromwell were entitled to rescind the mortgage which they obtained from Countrywide Home Loans in 2005. Rescission was granted on the grounds that at the loan closing Countrywide gave the Cromwells an improperly worded right-to-cancel notice and failed to give the Cromwells the required number of copies of the notice. As a result of this ruling, the Court declared the mortgage to be void and that Countrywide’s claim was to be treated as unsecured in the Cromwells’ bankruptcy estate. Attorney Kenneth D. Quat represented the Cromwells in this proceeding.

Supreme Judicial Court Reinstates MedPay Case

2011-10-05T09:31:00.000-04:00

On July 25, 2011, the Massachusetts Supreme Judicial Court ruled in favor of Diane Golchin in her case against Liberty Mutual Insurance Company. Ms. Golchin had sought to recover medical payments benefits (“MedPay”) from Liberty as a result of injuries suffered in an auto accident, but Liberty Mutual denied her claim on the basis that the medical expenses had already been paid by Ms. Golchin’s health insurer. The Court held that the Worcester Superior Court had erred in dismissing Ms. Golchin’s complaint, and that once an insurer has fully paid out available PIP benefits an insurer cannot withhold MedPay benefits for expenses even though they may have been paid or satisfied by the claimant’s health insurer. The case has been remanded to the Worcester Superior Court, where Ms. Golchin intends to seek class action status. Ms. Golchin is being represented by Attorney Kenneth D. Quat and Attorney Elliot Beresen.

Gillette Settlement Approved

2011-04-05T14:45:00.002-04:00

On March 25, 2011, Judge Douglas Woodlock of the United States District Court, District of Massachusetts, granted final approval to a nationwide class action settlement in the case of Dearman v. Gillette. The case was brought as a result of allegedly false advertising by Gillette in connection with its M3P power razors. Attorney Kenneth D. Quat represented one of the lead plaintiffs in this action. Further information about the settlement is available at www.m3powersettlement.com.

Cases Filed Due to Insurers’ Handling of PIP Claims

2011-04-04T14:21:00.000-04:00

Quat Law Offices is co-counseling six class action cases brought against Massachusetts auto insurers for underpaying and denying payment of medical expenses resulting from accidents. The cases allege that in evaluating personal injury protection (“PIP”) claims for payment of medical bills, the insurers use an incorrect standard and rely solely on databases that are biased and unreliable. Five of these cases are pending in Suffolk Superior Court, and one is pending in the United States District Court.

Cataldo Motion to Dismiss Denied (Again)

2011-03-31T14:00:00.000-04:00

Judge Thomas Connelly has again denied a motion brought by Cataldo Ambulance Service to dismiss a lawsuit filed by Rachel Garbee. This Suffolk Superior Court case, which is co-counseled by Quat Law Offices, alleges that Cataldo unlawfully charged interest on an ambulance bill which remained unpaid after thirty days even though the plaintiff never agreed to be responsible for interest charges. Judge Connelly stated in his initial decision that Cataldo “did not have the right to add on the charge of interest.”

Information Regarding Foreclosure Defense

2011-03-29T14:31:00.001-04:00

For several years Quat Law Offices has been providing aggressive and successful representation to homeowners attempting to stave off foreclosure. It is important to note that each situation is different and each case must be evaluated individually. Due to the complexity of the issues involved and the volume of documents to review, there is almost always a fee charged for an initial consultation regarding foreclosure defense. We believe that the fee is extremely reasonable. Please contact the office if you would like more information on our foreclosure services.

Cavalry Lawsuit Dismissed

2010-10-06T10:41:00.002-04:00

A collection lawsuit filed by Cavalry Portfolio against a client of Quat Law Offices has been dismissed following trial in the Plymouth District Court. Cavalry is a "debt-buyer" which claimed in the case that it had the right to collect an old credit card debt. Court found that Cavalry failed to adequately prove that it acquired the debt in question, and dismissed the case.

Car Seizure Fees Challenged

2010-10-06T10:32:00.003-04:00

Quat Law Offices has filed two lawsuits challenging fees charged to and collected from consumers when a cars is seized pursuant to a court execution. In both cases, consumers were charged $600 as a "seizure fee." Plaintiffs claim that not only is the fee grossly excessive, well above that permitted by Massachusetts law, but further that such a fee cannot be passed on to the consumer absent a court order. Defendants in one case are the Worcester law firm of Melia & Osol and constables Constance Sorenson and Gerald Connors. Defendants in the second case are the Worcester County Sheriff's Office, Forsyth Law Offices, and Attorney Carl Brugnoli.

SJC Grants Review in Liberty Mutual "MedPay" Case

2010-10-06T10:25:00.002-04:00

The Massachusetts Supreme Judicial Court has granted further appellate review in the case of Golchin v. Liberty Mutual, which Quat Law Offices is co-counseling with Attorney Elliot Beresen of Framingham. The case alleges that Liberty Mutual wrongfully refused to provide "Medical Payments" benefits to injured persons simply on the basis that the bills in question had been covered by health insurance. Plaintiffs believe that such benefits are clearly called for under the terms of the auto policies and Massachusetts law, but the Worcester Superior Court and Appeals Court disagreed. In seeking further appellate review from the SJC, plaintiff was assisted by an amicus motion filed by the Massachusetts Academy of Trial Attorneys.

New Mortgage Assistance Plan Announced for Unemployed

2010-10-06T10:23:00.001-04:00

Further information: www.boston.com/business/personalfinance/articles/2010/10/06/us_offers_mortgage_aid_to_the_jobless/

California Case Against American Laser Centers Certified as Class Action

2010-04-09T16:23:00.002-04:00

On February 11, 2010, the Superior Court of Orange County, California, certified the case of Souttaphonh v. ALC-Partner, Inc., to proceed as a class action. The claims asserted in the case are that American Laser Center facilities in California unlawfully denied refunds to consumers who requested them, and that ALC failed to provide proper medical supervision for laser hair removal and laser skin treatments. A class was certified with respect to each claim, and Attorneys Jeffrey Wilens and Kenneth D. Quat were appointed as class counsel. Minor modifications to the Court's certification order were issued on April 6, 2010. Notices informing class members of the Court's ruling will be mailed in the near future.

Attorney Quat Featured Guest on "Money Matters"

2010-03-31T14:09:00.002-04:00

On February 12, 2010, Attorney Kenneth D. Quat of Quat Law Offices was a guest of Scottie McCall and his "Money Matters" radio show which airs regularly on WBNW-AM. Most of the hour was devoted to foreclosure issues and dealing with credit card and other consumer debt.

Unifund Class Action Filed

2010-01-06T17:38:00.002-05:00

Attorney Kenneth D. Quat and Quat Law Offices have filed a class action lawsuit on behalf of one of its clients against Unifund Corporation and Unifund CCR Partners. The suit claims that these Unifund entities regularly violate the Fair Debt Collection Practices Act (FDCPA) and the Massachusetts Consumer Protection Act (G.L. c. 93A) by misrepresenting that Unifund CCR Partners is the owner of defaulted debt purchased from original creditors. The case was filed on November 10, 2009, in the United States District Court sitting in Worcester.

Cataldo Ambulance Litigation: Motion to Dismiss Denied

2010-01-06T17:27:00.002-05:00

Attorney Kenneth D. Quat and Quat Law Offices is glad to be co-counseling a class action lawsuit against Cataldo Ambulance Service, Inc. with the firms of Yasi & Yasi, P.C., and Mazow & McCullough, P.C., both of Salem, Massachusetts. The suit, which is pending in Suffolk Superior Court, alleges that Cataldo engaged in unlawful billing and collection practices by charging and collecting 18% annual interest from persons who used their ambulance services. On December 30, 2009, Judge Thomas E. Connolly denied Cataldo's motion to dismiss the case, stating: "Cataldo Ambulance did not have the right to add on the charge for interest. This practice by Cataldo ambulance, by unfairly and deceptively demanding unlawful interest charges may be considered by the facfinder to be an unfair and deceptive act." Although the case has not yet been certified by the Court as a class action, plaintiff's counsel anticipate that this will occur once certain discovery has been conducted by the parties.

Suit Filed Against Delta Management Associates

2009-09-11T10:58:00.002-04:00

A client of Quat Law Offices has filed a federal court lawsuit against Delta Management Associates of Chelsea, Massachusetts, a collection agency which handles a large volume of student loans. The suit alleges that Delta employees violated a number of provisions of federal and Massachusetts law in contacting the client's family members. It further alleges that a standard collection letter used by Delta was misleading and deceptive because it listed certain fees as being owed without identifying the nature of the fees. The complaint asks that this claim be certified as a class action.

Class Action Filed Against First Citizens Federal Credit Union

2009-09-11T10:51:00.002-04:00

Quat Law Offices has filed a class action complaint against First Citizens Federal Credit Union in Bristol County Superior Court. The suit alleges that a standard collection letter employed by First Citizens wrongfully threatened its loan customers with litigation in violation of the Massachusetts Consumer Protection Act, G.L. c. 93A, and seeks damages and injunctive relief.

Quat Law Offices to Provide Bankruptcy Representation

2009-09-11T10:44:00.003-04:00

Attorney Kenneth D. Quat and Quat Law Offices will now be providing bankruptcy services to consumers. This will enable the firm to provide additional services to its client base, as well as to provide "seamless" representation to those clients who can benefit from bankruptcy and from bringing an adversary proceeding in Bankruptcy Court.

"MedPay" case before Massachusetts Appeals Court

2009-06-17T16:36:00.000-04:00

The suit brought by Dianne Golchin against Liberty Mutual Insurance Company in which she is represented by Quat Law Offices and Framingham attorney Elliot Beresen is in the briefing stage before the Massachusetts Appeals Court. The case asserts that Liberty Mutual breached the terms of its auto insurance policy by failing to pay MedPay benefits for plaintiff's accident-related medical expenses because the expenses been covered by plaintiff's health insurer, and seeks class action status. Plaintiff's counsel believe that the Appeals Court will reverse the allowance of Liberty Mutual's motion to dismiss by the Worcester Superior Court.

Unfortunate truth-in-lending developments

2009-06-17T16:12:00.002-04:00

Two recent decisions by federal courts have further restricted the rights of Massachusetts consumers in connection with rescinding home mortgages under federal and state truth-in-lending statutes.

In Wells Fargo Bank v. Jaaskelainen, 2009 WL 1606522, Judge Rya Zobel of the U.S. District Court, District of Massachusetts, reversed a judgment rendered by Bankruptcy Judge William C. Hillman that the loan balance which remains following a successful rescission by a chapter 13 debtor becomes unsecured debt. Judge Zobel ruled that the debtor must "tender" back the loan balance as a condition of rescission despite the clear language of both federal and state law that upon an effective rescission the security interest becomes void. Judge Zobel did confirm, however, that on remand of the case the bankruptcy judge will have substantial discretion to determine terms of tender which would be equitable under the circumstances.

In Melfi v. WMC Mortgage Corp., the First Circuit Court of Appeals ruled that a creditor's failure to include the transaction date and rescission expiration date in the notice of right to cancel, as both federal and state law require, is not a violation which extends the right to rescind beyond the 3-business day period. The Court's rationale was essentially that a reasonably intelligent consumer is capable of ascertaining this information, and therefore the violation was not "material." This decision follows a prior ruling by the same Court in Palmer v. Champion Mortgage that an incorrect expiration date in the notice does not extend the rescission period. These decisions mean that at least with respect to contents of the right-to-cancel notice, and at least in the First Circuit, truth-in-lending is no longer truly a strict liability statute, as both Congress and the Massachusetts legislature intended.

Information for American Laser Centers Customers

2009-05-19T13:07:00.002-04:00

The only class action case of which we are aware is pending in California, which we are co-counseling with the LakeShore Law Center and Attorney Jeffrey Wilens. This case seeks refunds for ALC customers who attempted to cancel their contracts and/or had laser treatments without proper supervision. The case has not yet been certified as a class action. At present, Quat Law Offices, is available to represent Massachusetts residents who have complaints against American Laser Centers, but cannot provide assistance to residents of other states.

Information for Potential Student Loan Clients

2009-05-19T13:00:00.000-04:00

At this time, Quat Law Offices is not able to assist individuals with student loan issues who live outside of Massachusetts. We suggest that such persons search for local counsel at www.naca.net.

Credit Control Services Found Liable in Suit Challenging Collection Fees

2009-05-19T08:16:00.002-04:00

In a ruling issued March 31, 2009, the United States District Court sitting in Worcester found Credit Control Services, Inc., liable for charging a consumer a 30% collection fee before any monies had been actually collected from him. The basis of the ruling was that since the creditor did not incur a collection cost until money was recovered from the consumer, it was a violation of both the FDCPA and G.L. c. 93A for Credit Control to charge a percentage-based fee immediately upon the account being placed for collection. The plaintiff is represented by Quat Law Offices, and seeks to have the case certified as a class action.

Suit Filed Against Attorney Paul J. Coleman

2009-05-18T12:26:00.004-04:00

Quat Law Offices has filed suit against Attorney Paul Coleman (doing business as The Law Office of Paul J. Coleman) on behalf of a Massachusetts consumer who alleges he received a number of misleading phone calls and was subjected to other unlawful conduct. The case is pending in the United States District Court in Worcester, Massachusetts.

Accredited Home Lenders Files Bankruptcy

2009-05-18T12:13:00.002-04:00

Accredited Home Lenders, a mortgage company based in San Diego, recently filed for bankruptcy protection in Delaware. Accredited was involved in making sub-prime loans, and is currently a defendant in a truth-in-lending case brought by a client of Quat Law Offices. This case has been put on hold for the time being as a result of Accredited's bankruptcy filing. Other parties in the litigation are MERS, All City Financial Group, and Kevin Huther.

Protocol Recovery Services Settles Unfair Debt Collection Claims

2009-05-18T11:59:00.002-04:00

Protocol Recovery Services, a collection agency based in Georgia, recently agreed to settle unfair debt collection claims asserted by a Massachusetts consumer without the necessity of litigation. The consumer, who was represented by Quat Law Offices, alleged that Protocol committed multiple violations of the FDCPA and Mass. General Laws chapter 93A, including contacting a friend regarding the alleged debt, contacting a neighbor regarding the alleged debt, and leaving misleading phone messages.

CACH Collection Cases Dismissed

2009-05-18T11:49:00.002-04:00

Judges sitting in the Quincy and Brockton District Courts each recently dismissed collection cases brought by CACH, LLC, against clients of Quat Law Offices. CACH is a "debt-buyer" based in Denver which sues Massachusetts consumers through Cambece Law Offices. In each case CACH was unable to produce documentation at trial sufficient to establish that it owned the alleged debt or had the right to collect it.

Suit Against J.C. Christensen Proceeding

2009-03-08T11:08:00.004-04:00

Discovery is being conducted in the class action lawsuit brought by a client of Quat Law Offices against J.C. Christensen & Associates, a Minnesota-based collection agency. The case alleges that Christensen misrepresented in collection letters that consumers would be sued if they did not settle their claims or contact the agency.

FDCPA Action Filed Against Thompson& Associates

2009-03-08T11:03:00.002-04:00

A consumer represented by Attorney Kenneth D. Quat and Quat Law Offices has brought suit under the Fair Debt Collection Practices Act (FDCPA) and the Massachusetts Consumer Protection Act against the Lawrence, Mass. law firm of Thompson & Associates due to allegedly unlawful language in its standard collection letters. The complaint asserts that the letter fails to provide adequate notice of the consumer's right to dispute the debt, and also fails to clearly inform the consumer of the creditor's identity. The case is pending in the United States District Court for the District of Massachusetts, and seeks to be certified as a class action.

Kream and Kream sued over collection letters

2009-01-12T19:09:00.002-05:00

The Kream & Kream law firm of Weymouth, Massachusetts has been sued by a client of Quat Law Offices for utilizing allegedly unfair and deceptive language in standard collection letters. The suit, which is in its early stages, seeks to be certified as a class action, and asks that the Court order appropriate changes to the firm's collection letters as well as award damages to plaintiff and class members.

Settlement with Cambece granted preliminary approval

2009-01-12T19:05:00.003-05:00

Quat Law Offices, a Cambridge, Massachusetts consumer rights law firm, announces that a class action settlement reached with Cambece Law Offices and J. Anthony Cambece has been given preliminary approval by Judge Dennis Saylor of the U.S. District Court, sitting in Worcester. The Cambece law firm is a large consumer debt collection law firm, located in Danvers and Peabody, Massachusetts. The settlement provides for changes to be made to certain language used by defendants in standard collection letters, and provides compensation for class members who were sent the letters. Settlement documents will be posted shortly on the website of Quat Law Offices.

Successful rescission case on appeal

2009-01-12T19:00:00.002-05:00

Option One and Wells Fargo have appealed the ruling of the U.S. Bankruptcy Court whereby the home mortgage loan obtained by Ernest and Kathleen Jaaskelainen from Option One in 2005 was rescinded and declared to be an unsecured debt. The appeal will be heard in the first instance by Judge Rya Zobel of the U.S. District Court. Quat Law Offices represented the Jaaskelainens at trial, and is handling the appeal as well.

More suits filed over predatory loans

2009-01-12T18:52:00.004-05:00

In recent months Quat Law Offices has filed lawsuits on behalf of its clients against several mortgage lenders and servicers due to predatory and other unlawful loan practices. Defendants include Accredited Home Lenders, Washington Mutual, Deutsche Bank, Ocwen Servicing Corp., and Encore Credit Corp. Additional suits are in the process of being developed against Wachovia, American Home Loan Servicing, and Shamrock Financial Corp.

Suit filed against Sleek Medspa

2008-10-02T14:46:00.000-04:00

A client of Quat Law Offices has filed suit against Sleek Medspa, Inc., alleging that she lost a substantial amount of money due to the company's unlawful cancellation and refund policy. Sleek Medspa operates a number of locations in Massachusetts which offer laser hair removal and other cosmetic treatments.

2008-10-02T14:41:00.001-04:00

New Class Actions Filed

2008-09-10T19:51:00.000-04:00

Quat Law Offices has recently filed several class action suits on behalf of Massachusetts consumers, including:

1. Suit against Bank of America for failing to give customers notice of their right under Massachusetts law not to be contacted at work regarding overdue payments.

2. Suit against the Navy Federal Credit Union for sending collection notices which misrepresented they were the "final attempt" to collect a debt.

3. Suit against Safe Home Security of Rocky Hill, Connecticut for charging improper late fees and improperly threatening legal action.

Judge Rules That Suit Against Daniels Law Offices Can Continue

2008-09-10T13:51:00.000-04:00

A federal court judge sitting in Worcester has denied motions brought by Daniels Law Offices and Richard S. Daniels to dismiss a class action complaint brought by a client of Quat Law Offices. The suit alleges that the Daniels firm violated federal and state fair debt collection laws by imposing a 15% legal fee against consumer debtors before any actual legal work had been done, and that the imposition of such a standard fee is per se unlawful.

Harmon Law Office and Washington Mutual Sued for Wrongful Foreclosure

2008-09-10T13:48:00.000-04:00

A client of Quat Law Offices has filed suit in Middlesex Superior Court against Harmon Law Office and Washington Mutual Bank, claiming that the bank did not have proper authority to foreclose on his home because it had not yet been assigned the mortgage. The client had significant equity in the property at the time of the foreclosure sale.

Borrowers Granted Rescission of Mortgage

2008-09-10T13:43:00.000-04:00

Following a one-day trial, the United States Bankruptcy Court sitting in Boston ruled in July that Ernest and Kathleen Jaaskelainen of Attleboro were permitted to rescind a mortgage obtained from Option One Mortgage Company in 2005. The basis for the ruling was that the borrowers had not been given sufficient notices of their right to cancel the loan at the time of closing, as required by both federal and state law. The Jaaskelainens were represented by Quat Law Offices. The ruling has been appealed, but counsel is confident that it will be upheld.

Foreclosure Rescue Scams (cont'd)

2007-09-22T15:04:00.000-04:00

A settlement agreement on behalf of a number of victims of Brockton attorney Alec G. Sohmer has been submitted to the U.S. Bankruptcy Court for approval. Attorney Sohmer operated a "foreclosure rescue" scheme which resulted in the payment of substantial fees to himself and family members and which ultimately harmed many of the homeowners, some of whom lost their properties. The proposed settlement is with a number of banks and mortgage companies which financed Sohmer's activities, and does not affect claims against Sohmer himself or other responsible parties. Quat Law Offices has been representing a victim who, in fact, lost her home due to the misconduct of Sohmer.

Wolpoff Settles

2007-09-22T14:56:00.000-04:00

Two Massachusetts residents, father and son, recently obtained a settlement with a value in excess of $20,000 from the law firm of Wolpoff & Abramson of Rockville, Maryland. The men claimed in their federal lawsuit, brought under the Fair Debt Collection Practices Act, that Wolpoff improperly sued the father for the son's alleged debt, then attached the son's real estate even though they had not obtained a judgment against him. The men were represented by Attorney Kenneth D. Quat of Quat Law Offices.

Class Action Filed Against N.H. Lottery

2007-07-30T14:00:00.000-04:00

Quat Law Offices, in conjunction with Attorney Christopher Grant of Portsmouth, New Hampshire, is representing a Massachusetts resident in a class action suit brought against the New Hampshire Lottery Commission and certain state and lottery officials. The suit - filed in the United States District Court for the District of New Hampshire - alleges that the Lottery's restriction of its "replay" program to New Hampshire residents violates the constitutional rights of non-residents. The plaintiff is asking that the Court order the Lottery to end this restriction and to pay damages to class members.

Court Approves Zwicker Settlement

2007-07-30T13:55:00.000-04:00

The United States District Court, District of Massachusetts, has preliminarily approved the class action settlement in the case of Feuerstein v. Zwicker & Associates, et al (No. 04-11593-WGY). If final approval is granted, class members will receive refunds of attorney's fees and collection costs paid to the Zwicker firm. The settlement also requires that certain of Zwicker's collection letters be modified. The order and settlement agreement may be viewed at http://www.quatlaw.com/.

Norfolk Financial Settlements

2007-07-30T13:49:00.000-04:00

Quat Law Offices is pleased to announce that it has reached settlements with Norfolk Financial Corp. of Cumberland, Rhode Island, on behalf of two clients. In one case, it was alleged that Norfolk obtained a judgment based on a credit card and then seized the client's car even though it had been informed that it had sued on the wrong debt. In the second case, Norfolk failed to notify credit bureaus that the client disputed the debt, and then attempted to collect the debt after judgment was rendered for the client.

Credit Collection Services Class Action

2007-06-14T15:41:00.000-04:00

Quat Law Offices has filed a class action complaint against Credit Control Services, LLC, d/b/a Credit Collection Services, in the U.S. District Court, District of Massachusetts. The suit is on behalf of a Westborough, Massachusetts resident from whom defendant attempted to collect a debt without disclosing that the alleged balance included a substantial collection fee. The case was brought as a class action since the unlawful conduct appears to be a standard practice.

Post-Foreclosure Remedies?

2007-06-14T15:35:00.000-04:00

Even if a foreclosure sale has occurred, a homeowner still may have recourse for regaining title to the property. A recent decision of the United States Bankruptcy Court found that a mortgage company breached its obligation to diligently market the property prior to the foreclosure sale, thus giving the homeowner grounds to rescind the sale. Additional ground for potential relief include the company's breach of a workout agreement, or misleading the homeowner into believing that a workout would be achieved prior to foreclosure.

National Law Journal

2007-06-14T15:30:00.000-04:00

An article on lawsuits against consumer debt collection law firms appeared in the June 4, 2007 edition of the National Law Journal. Attorney Kenneth D. Quat of Quat Law Offices, a consumer advocate who has filed several such suits, was quoted in the article. The article will soon be available on http://www.quatlaw.com/.

Unfair Debt Collection Claim against Schiff Firm Resolved

2007-06-14T15:22:00.000-04:00

Quat Law Offices recently completed the successful settlement of an unfair debt collection claim against Howard Lee Schiff, P.C. of E. Hartford, Connecticut. The claim was based on the firm's allegedly unlawful practice of leaving programmed messages which fail to disclose its identity or indicate that it is a debt collector.

American Laser Centers class action

2007-05-07T14:04:00.000-04:00

Quat Law Offices is prosecuting a class action against American Laser Centers of Farmington Hills, Michigan. The case alleges that ALC employs a standard contract which deceives customers as to their cancellation rights, and refuses to allow cancellations and refunds even though services have not yet been rendered. The case is currently in the "discovery" phase, with a trial date expected late in 2007 or in 2008. The lead plaintiff in the case is a woman from Acton, Massachusetts.

Homeowners seek resicssion of Ameriquest mortgage

2007-05-07T13:58:00.000-04:00

A West Newbury couple facing foreclosure has filed a complaint in bankruptcy court to rescind a mortgage obtained from Ameriquest in 2004. The basis of the complaint is that Ameriquest failed to comply with the Truth in Lending Act by not providing them with sufficient notices of their right to rescind at the time of the mortgage closing. The couple is represented in the rescission case by Quat Law Offices.

Unifund case results

2007-05-07T13:48:00.000-04:00

Quat Law Offices is pleased to announce successful results in 2 collection cases brought by Unifund, a well-known debt buyer. One case - in which Unifund was seeking in excess of $12,000 - was dismissed without any payment by our client. The other case - in which Unifund was seeking in excess of $21,000 - was settled for less than 25% of the amount claimed.

Listerine case heading to Appeals Court

2007-03-19T15:02:00.000-04:00

Pfizer has appealed the favorable decision obtained by Quat Law Offices in the Massachusetts Superior Court certifying a class of consumers who had purchased Listerine during the time it was being falsely advertised as being "as effective as floss." We are confident that the trial court decision will be affirmed.

Attempted collection of $350 debt results in 5-figure settlement

2007-03-19T15:01:00.000-04:00

Quat Law Offices recently obtained a significant 5-figure settlement on behalf of a client who had been subjected to unlawful threats and other harassing conduct by a collection agency attempting to collect a $350 debt. The details of the settlement are confidential.

New Class Actions Filed

2007-03-19T14:56:00.000-04:00

Quat Law Offices has recently filed the following class action cases: (i) against FMS, Inc., an Oklahoma collection agency, for leaving allegedly unlawful phone messages for consumer debtors; (ii) against Lindner & Associates, P.C., a Massachusetts law firm, for seeking to collect allegedly unlawful legal fees from consumer debtors; and (iii) against Credit Control Services, Inc., a Minnesota collection agency, for sending collection letters which did not disclose the name of the actual creditor.

Suit Filed Against Delta Management Assoc.

2007-02-14T20:21:00.000-05:00

Quat Law Offices recently filed a federal court complaint alleging that Delta Management Associates of Chelsea, Massachusetts, engaged in a number of unfair and deceptive practices in attempting to collect an alleged student loan debt on behalf of the Mass. Board of Higher Education. Our client asserts that Delta made a number of unfounded threats toward her, unlawfully contacted her parents, failed to provide certain required notices, and added unjustified collection costs to the balance due. In a separate lawsuit brought against the Board and the Commonwealth of Massachusetts, the client is seeking to have the entire alleged debt declared null and void.

Beware "foreclosure rescue" scams

2007-02-14T20:07:00.000-05:00

A number of lawyers, mortgage companies, and real estate brokers who have seen their incomes fall along with the real estate market are attempting to make money by offering to "save" the homes of people faced with foreclosure. Anyone who is solicited with such an offer should be extremely wary - these "foreclosure rescue" ideas are often misrepresented, unrealistic, and designed primarily for someone to profit from the homeowner's desperate situation. Attorney Kenneth D. Quat will provide a free case evaluation to any homeowner about this or any other mortgage-related issue.

20/20 Story on Debt Collection

2007-01-29T09:35:00.000-05:00

On January 19, ABC's "20/20" newsmagazine was devoted exclusively to the consumer debt collection industry and its abuses. Well worth watching.

Suit Filed Against Universal Fidelity LP

2007-01-29T09:26:00.000-05:00

Quat Law Offices recently filed suit in the United States District Court, Boston, on behalf of a Tewksbury couple who allege Universal Fidelity LP of Houston, Texas, committed a number of debt collection violations against them. These included frequent and harassing phone calls, threats, and mentioning the alleged debt to co-workers.

Credit Card Company Cancels Debt, Pays Fees

2007-01-16T16:06:00.000-05:00

Quat Law Offices has obtained from a major credit card company the full cancellation of a client's debt arising from its alleged failure to honor a stop-payment order on a convenience check. The company also agreed to pay a sum of money toward the client's legal fees. The settlement occurred just prior to a hearing scheduled before the American Arbitration Association.

Listerine Class Certified by Superior Court

2007-01-16T16:00:00.000-05:00

The Middlesex Superior Court has allowed a case brought by Quat Law Offices against Pfizer due to allegedly false advertising of Listerine to move forward as a class action. On November 29, 2006, the Court certified a class consisting of all Massachusetts residents who purchased Listerine between June 1, 2004 and April 27, 2005. Previously, the Court had denied Pfizer's motion for summary judgment. The allegedly false advertising was Pfizer's representation that Listerine was "as effective as floss" in reducing plaque and gingivities between the teeth, a claim which plaintiff contends was false and that Pfizer knew was false. The case is seeking damages on behalf of all class members.

Article Highlights Student Loan Issues and Abuses

2006-11-20T13:03:00.000-05:00

A front-page story in the Boston Globe of November 19, 2006 paints a sobering picture of the burdens and pressures faced by many students in trying to deal with substantial student loan debt and questionable collection practices. Please visit www.quatlaw.com for more information regarding student loan law, options, and strategies.

Class Action Filed Against Wilson Consolidation Services

2006-11-03T14:56:00.000-05:00

Quat Law Offices has filed a complaint in federal court on behalf of a Concord man who alleges he was harrassed and subjected to other misconduct by Wilson Consolidation Services, Inc. of Lakeville, Massachusetts in attempting to collect an alleged consumer debt. Included in the complaint are class action claims on behalf of other Massachusetts consumers who received correspondence from Wilson stating that upon payment their accounts would be "removed" from credit reports, which is not something that a debt collector does or can do.

Cambece Settles with Attorney General

2006-11-01T10:45:00.000-05:00

According to the Boston Globe, J.A. Cambece Law Office has reached a settlement with the Massachusetts Attorney General with respect to its debt collection practices. Among other things, the settlement requires Cambece to alter several of its practices and to pay a fine and restitution to consumers. Read the Globe article. In its consumer rights practice, Quat Law Offices has successfully handled several matters involving J.A. Cambece Law Office.

Credit Card Fees and Disclosures - Not a Pretty Picture

2006-10-16T20:16:00.000-04:00

A new report by the Government Accountability Office (GAO) confirms what most consumers already know - that late fees and other costs of credit cards have increased substantially in recent years, and that it is becoming more and more difficult for consumers to understand the various fees and charges of credit cards. To read more, go to FindLaw article - "Study: Credit Card late Fees Much Higher."

Gillette Class Settlement Reached

2006-10-16T20:04:00.000-04:00

A settlement agreement intended to resolve the many lawsuits brought against Gillette for misrepresenting the qualities of the M3 Power razor system has been filed with the United States District Court in Massachusetts. Gillette marketed the razor as providing a closer shave by lifting hair follicles up and away from the skin, a claim which its own studies had shown to be inaccurate. If approved by the court, the settlement will result in cash payments and/or merchandise to members of the class. The settlement agreement will be made available here at a later date. Quat Law Offices filed one of the first cases on behalf of Collin L. McGeary, a resident of Leominster, Massachusetts.

Listerine case moving forward

2006-09-14T19:02:00.000-04:00

Plaintiff's motion for class certification in the case pending against Pfizer for misrepresenting that Listerine mouthwash is "as effective as floss" has been filed and is scheduled for hearing. Discovery is also proceeding in the case.

Settlement reached with Melia & Osol

2006-09-14T18:04:00.001-04:00

A settlement was reached with the Worcester law firm of Melia & Osol due to certain of its
collection practices which could confuse debtors as to whether lawsuits had already been filed against them. The firm agreed to alter these practices, and also paid damages and attorneys fees

Suit filed against Progressive Financial Services

2006-09-14T18:04:00.000-04:00

On August 4, Quat Law Offices filed suit on behalf of a Massachusetts woman who claims Progressive Financial Services of Tempe, Arizona, harassed her and lied to her in attempting to collect an alleged student loan. The case also asserts a class action claim based on Progressive's automated telephone greeting, which is alleged to unlawfully suggest that Progressive was affiliated with the Department of Education.