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U.S. Civil Claims Department Class Action Lawsuit
By Mike Holter
A federal class action lawsuit claims that United States Civil Claims Department violates the FDCPA by misrepresenting itself as the federal government in order to collect debts from unsuspecting consumers.
Missouri resident Raymond Ostendorf alleges in the class action lawsuit that he received a letter from United States Civil Claims Department – which is hired by third parties to collect debts – to collect charges he allegedly incurred relating to his U.S. Bank personal checking account.
The problem, Ostendorf claims in the class action lawsuit, is that letters and other correspondence from United States Civil Claims Department are designed to make consumers believe they are being contacted by the United States government and that the government has filed a lawsuit against them for the debt.
The United States Civil Claims Department class action says that at no time are consumers provided with written confirmation of the amount of the debt, the name of the creditor to whom the debt is allegedly owed, or a statement that unless the consumer, within 30 days after receipt of the notice, disputes the validity of the debt, the debt will be assumed valid by the debt collector.
According to the class action lawsuit, this conduct violates the Fair Debt Collection Practices Act in numerous ways, including using false and deceptive means to attempt to collect debt, falsely implying that the debt collector is affiliated with the United States, implying that nonpayment of any debt will result in the arrest or imprisonment of the debtor, and falsely implying that the consumer committed a crime.
The United States Civil Claims Department class action lawsuit is seeking $1,000 per class member in addition to actual compensatory damages suffered. A copy of the lawsuit can be read here.
The case is Raymond Ostendorf v. United States Civil Claims Department, United States District Court, Western District of Missouri, Western Division.
Updated July 27th, 2011
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2 thoughts onU.S. Civil Claims Department Class Action Lawsuit
i to had a phone call from a man today who also did and said the same thing to as patrica kellogg you can also call me at 541-602-7145
I was called today by a man claiming to be from the US Civil Claims Dept. he told me my daughter owed money and unless collected today by 1:00, a warrant for her would be delivered on Monday. I as well as my daughter talked to him. He left a name, case number, and phone number for us to call him back, which we each did twice. He also emailed us two documents he claims proves who he is. I couldn’t open either document. I am waiting for him to respond to my email to him.
I believe this is the scam in your lawsuit. He told me twice in our conversation that he would check with the District Attorney. He would lay the phone down and come back in a minute or so and say he had permission to proceed.
Would this information help you in any way? If so, you may contact me at 951-809-2116
Patricia Kellogg