Florida Consumer Files Class Action Lawsuit Against Webcollex, LLC d/b/a CKS Financial Alleging Violations of the Fair Debt Collection Practices Act
A Florida consumer has filed a Class Action Lawsuit against Webcollex, LLC d/b/a CKS Financial alleging violations of the Fair Debt Collection Practices Act (FDCPA). Specifically, the Complaint alleges that Webcollex did not provide the Congressionally mandated notice to the Plaintiff and the Class that a portion of the debt being collected by Webcollex could be disputed, which would then invoke certain protections under the FDCPA.
The Plaintiff is a resident of Florida who seeks to represent all natural persons with addresses in the State of Florida to whom initial communication letters that contained the language “If you notify this office in writing within 30 days after receiving this notice that you dispute the validity of this debt, this office will obtain verification of the debt or obtain a copy of a judgment and mail you a copy of such judgment or verification” were mailed, or caused to be mailed, by Webcollex and were not returned undeliverable by the U.S. Post Office in an attempt to collect a debt incurred for personal, family, or household purposes during the one-year period prior to the filing of the original Complaint in this action.
Damages recoverable in a class action under the Fair Debt Collection Practices Act are limited to 1% of the net worth of the debt collector or $500,000.00, whichever is less.
No class is currently certified. If you received a similar letter and a class is certified, you may be entitled to monetary damages.
Leo W. Desmond, Esquire, founder of the Desmond Law Firm, who frequently represents victims of debt collector abuse, stated: The Fair Debt Collection Practices Act was enacted by Congress in an attempt to regulate the ways debt collectors interact with the public and to attempt to curb abusive and deceptive debt collection practices. A debt collector must give proper notice to a consumer debtor of their right to dispute the debt, or any portion of the debt. It appears that the letter sent to the Plaintiff and the Class members did not fully and accurately describe how they may dispute the debt.
If a consumer has received a similar communication from Webcollex, LLC d/b/a CKS Financial and would like more information about the lawsuit, they may contact the Desmond Law Firm at 1-888-DESMOND (337-6663) or email Info@DesmondLawFirm.com.
Contact: Leo W. Desmond, Esquire at the Desmond Law Firm whose address is 319 Clematis Street, Suite 401, West Palm Beach, Florida 33401 or by phone at 561-712-8000 or by email at Desmond@DesmondLawFirm.com.
Leo W. Desmond