Colorado National Collection Systems FDCPA Class Action Lawsuit

A judge has granted summary judgment against National Collection Systems Inc. in a class action lawsuit accusing it of violating the Fair Debt Collection Practices Act (FDCPA).

If National Collection Systems, which operates under the trade name National Credit Management, left a voice message for you between Sept. 17, 2014 and Sept. 17, 2015, your rights may be affected by the FDCPA class action lawsuit.

Plaintiff Aisland Rhodes filed the FDCPA class action lawsuit against National Collection Systems on Sept. 17, 2015, alleging the debt collection company left voice mails on her cell phone that failed to state that the calls were from a debt collector and were made for the purpose of collecting a debt. Rhodes claims the defendant also failed to identify itself as either National Collection Systems or National Credit Management.

“Instead, Defendant’s voice messages addressed Plaintiff by her first name and cryptically referred to ‘a personal business matter’ or ‘business matter’ that it wished to discuss with Plaintiff,” the National Credit Management class action lawsuit says.

Rhodes claims that the voice messages urged her to return the call as soon as she got the message. One voice message reportedly informed her that it was not a marketing call; rather, it was regarding “a matter that pertains specifically to you and does indeed require your attention.”

The debt collection class action lawsuit challenges National Collection Systems’ practice of failing to disclose its name, failing to disclose that it is a debt collector and failing to notify call recipients that the purpose of the call is to collect a debt. Rhodes claims these practices violate the FDCPA. She has asked for National Collection Systems to pay statutory damages to each eligible Class Member.

National Collection Systems denies that it has acted unlawfully. However, a court has granted summary judgment in favor of Rhodes.

There is currently no money available because there has not yet been a trial to determine damages. Class Members who would like to be included in the FDCPA lawsuit must submit a Class Action Participation Form by Aug. 21, 2017 in order to receive any benefits that may become available following trial.

Who’s Eligible

Class Members of the FDCPA lawsuit include: “All persons with an address in Colorado (1) for whom National Collection Systems Inc. left, or caused to be left, a voice message, (2) in connection with collection of a consumer debt, (3) from September 17, 2014 to September 17, 2015, (4) that failed to state (a) National Collection Systems Inc.’s name, or (b) that National Collection Systems Inc. is a debt collector.”

Potential Award

Estimated $60   UPDATED

Although a judge has ruled in favor of the plaintiff, damages will be determined at trial. There is currently no money available from the National Collection Services lawsuit. However, Class Members who would like to receive benefits if they become available in the future must submit a Claim Form.

UPDATE: On January 31, 2018, the court granted preliminary approval to a Colorado National Collection Systems FDCPA Class Action Settlement.  A settlement was reached in order to avoid a trial.  According to the proposed settlement agreement, verified claimants will receive approximately $60.

Proof of Purchase

N/A

Claim Form

CLICK HERE TO FILE A CLAIM (PDF) »

Claim Form Deadline

8/21/2017

Case Name

Aisland Rhodes v. National Collection Systems Inc., Case No. 1:15-cv-02049-REB-STV, in the U.S. District Court for the District of Colorado

Final Hearing

5/10/2018   UPDATED

UPDATE: On May 11, 2018, the court granted final approval to a Colorado National Collection Systems FDCPA Class Action Settlement. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

Settlement Website

www.RhodesFDCPAaction.com

Claims Administrator

First Class Inc. / JI3538-Rhodes
5410 W. Roosevelt Road, Suite 222
Chicago, IL 60644-1490

Class Counsel

GREENWALD DAVIDSON RADBIL PLLC

Defense Counsel

OLSON LAW GROUP