In a recent article published by NJ Law Journal, it was reported that a putative class action has been filed against the largest collections firm in New Jersey, Pressler & Pressler.
This news comes in the wake of a recent ruling that determined “four-seconds” is not enough time to be considered “meaningful attorney review” under the FDCPA.
The class action stems from complaints originally declared in the case of Bock v. Pressler & Pressler. Here it was found that a single attorney would review and sign hundreds of complaints in a day, neglecting to involve other lawyers in the pre-filing process.
In the opinion for Bock v. Pressler & Pressler, U.S. District Judge Kevin McNulty writes:
“The case law is sparse, and it is possible for reasonable people to disagree as to what constitutes reasonable attorney review. But whatever reasonable attorney review may be, a four-second scan is not it.”
Pressler & Pressler was discovered to be in violation of the Fair Debt Collection Practices Act, as the complaints filed by the firm implied almost no attorney involvement.
According to NJ Law Journal, Pressler & Pressler presented the argument that “the rules require only a belief that the allegations are likely to have evidentiary support,” explaining that an “attorney’s good-faith belief cannot simply be willed into existence, but must be formed after an inquiry.”
The case of Bock v. Pressler & Pressler originated with a debt that was purchased by Midland Funding LLC, who employed Pressler & Pressler to collect the debt. After presenting Daniel Bock, Jr. with a collection letter, Pressler & Pressler proceeded to file a complaint against him with the Superior Court of New Jersey.
As you can see, the FDCPA works to defend consumers from negligent and illegal debt collection practices. Because Pressler & Pressler did not have an attorney meaningfully review the case before sending a collection letter, it was ruled that the firm’s actions were both false and misleading. When struggling with debt collectors, it’s important that you fully understand your rights under the FDCPA and other federal statutes.
If you’re dealing with a debt collector who you feel may be in violation of the FDCPA, it is suggested that you meet with one of our consumer law attorneys right away. We can help determine whether your rights have been violated, as you may be entitled to compensation under the federal law. Email us for your free case review.
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