Re: Wexler & Wexler- Chicago
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Posted by Paul
(207.44.154.35) on March 03, 2004 at 23:20:39:
In Reply to: Wexler & Wexler- Chicago posted by JP on March 03, 2004 at 22:25:05:
Save their collection letters. They’ve been sued a number of times for illegal threats. WHAT THIS LAWSUIT IS ABOUT
Plaintiffs, Howard Holt and Janice Haye, brought this class action against defendant Norman P. Wexler ("Wexler") doing business as Wexler & Wexler to recover damages for violations of the federal Fair Debt Collection Practices Act, 15 U.S.C. 1692 et seq. ("FDCPA"). In 1998, Wexler sent to plaintiffs Holt and Haye a collection demand in the form of Exhibit 1. Plaintiffs received it shortly thereafter. The letter was sent to plaintiffs in connection with a check issued to purchase goods for personal, family or household use. Plaintiffs' complaint alleges that the collection letter (Exhibit 1) violates the FDCPA in the following manner: Wexler states in Exhibit 1 that "skip tracers may contact your references, your former employers, your relatives and your neighbors in an effort to gain information about your assets." Plaintiffs allege that this statement is deceptive and misleading because Wexler cannot legally contact the recipient's former employers, relatives and neighbors, and that the only reason this threat is included is to harass and intimidate the recipient into payment. Wexler further states in Exhibit 1 that "Only by payment of this claim can your credit rating be rehabilitated as we will notify the credit reporting agencies to amend our adverse listing in your records when the claim has been paid or otherwise settled." Plaintiffs allege that this misleads the recipient into believing that Wexler can upgrade the recipient's credit profile. In fact, nothing that Wexler can do will erase a prior negative credit report or rehabilitate the recipient's credit rating. Wexler denies that it violated any laws or did anything wrong, and claims it is not liable to plaintiffs or the class members.
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