National Collegiate Student Loan Trust(s) Hit with Multiple Class Action Lawsuit for Unfair Practices
Hyde & Swigart has filed multiple class action lawsuits against National Collegiate Student Loan Trust, and the Law Offices of Patenaude & Felix APC, alleging that they used deceptive practices to collect student loan debts in the state of California in violation of State and Federal Law. Specifically, Hyde & Swigart alleges numerous violations of the Fair Debt Collection Practices Act and the Rosenthal Ac.
Each of the class action cases have been filed in the Southern District Federal Court of California. Each case alleges that Defendants incorrectly assert in their State Court Complaints filed against California Consumers that said Consumers entered into written contracts with Defendant, National Collegiate. Despite Defendants’ assertion, the Plaintiffs’ contend that they did not enter into written contracts with Defendant, National Collegiate. Plaintiffs’ contend that “Defendants’ failure to identify the original creditor, is both deceptive and material under the least sophisticated standard and constitutes a violation of 15 U.S.C. § 1692e,” and that, “through this conduct, Defendants’ used a false, deceptive, or misleading representation or means in connection with the collection of a debt,” consequently violating 15 U.S.C. § 1692e, 15 U.S.C. § 1692e(10). Cal. Civ. Code § 1788.17.
Plaintiffs have brought their class action lawsuits on behalf of all persons in California who have also had a collection lawsuit filed against them by National Collegiate to recover a consumer debt in which the lawsuit failed to properly provide the name of the original creditor to the alleged contract.
Check back with Hyde & Swigart, as we will be updating consumers periodically as to the status of these class action lawsuits and how they may affect consumers.