A New Jersey woman hired the Law Office of Dimitrios Kolovos, LLC to file a lawsuit on her behalf against the debt collection law firm, Hayt, Hayt & Landau, LLC and its junk debt “client,” First American Acceptance Co., L.L.C. for allegedly violating the Fair Debt Collection Practices Act (FDCPA). She asks the federal court in New Jersey to award her statutory damages, actual damages, attorney’s fees, and the costs of her litigation.
The consumer hopes to bring to the Court’s attention the following allegations:
1) Hayt, Hayt & Landau charged attorney’s fees when it expressly states that no attorney has reviewed the alleged collection account of consumers.
2) Hayt, Hayt & Landau charged attorney’s fees in excess of what New Jersey law permits.
3) Hayt, Hayt & Landau created a sham company, Firm American Acceptance Co., L.L.C. to sneak past New Jersey law which states attorneys themselves cannot collect attorney’s fees if they actually own the debt or are directly employed by creditors who own the debt.
4) Hayt, Hayt & Landau telephoned her employer’s telephone numbers 10 times in 30 minutes.
5) Hayt, Hayt & Landau unlawfully threatened to garnish the consumer’s wages.
6) Hayt, Hayt & Landau advised the consumer’s employer that its employee would have its wages garnished.
7) Hayt, Hayt & Landau discussed the consumer’s alleged debt with her employer’s receptionist and vice president without authorization.
8) Hayt, Hayt & Landau sent to her employer a “employment verification” requesting information it was not entitled to or had any business asking.
9) Hayt, Hayt & Landau caused the consumer to be disciplined by her employer for the dozens and dozens of telephone calls clogging the employer’s telephone lines.
“Consumers have debt collection rights, but unfortunately when they try to exercise them, such as requesting no telephone calls at work or requesting verification of an alleged debt, debt collectors do not obey,” said her consumer rights attorney, Joseph A. Mullaney, III. “More often than not, you just have to slap a debt collector right across his greedy face to get him to honor your rights!” Mullaney exclaimed.
Hayt, Hayt & Landau’s alleged violation of this consumer’s FDCPA rights was “very egregious and could have cost the consumer her job,” he continued. Her allegations are a great example why the FDCPA is a very much needed consumer protection law. Congress passed the FDCPA so that consumers would not lose their jobs when debt collectors clogged employer telephone lines with debt collection calls rather than keeping them open for the employer’s business. The FDCPA was designed to give a consumer like this one a simple and effective tool to stop employment telephone calls. “When a debt collector keeps calling your work, however, that’s a good time to contact an attorney like me,” he remarked. “In a situation like that, you need an attorney to punch Hayt, Hayt & Landau right in its big mouth, federal lawsuit in fist.” Hopefully, her lawsuit will cause Hayt, Hayt & Landau to reevaluate its policies and procedures.