Tim
Valparaiso,#2Consumer Suggestion
Thu, November 15, 2007
First, ditch the class action idea. Class actions stink for the most part. Second, figure out whether this is the original creditor, or whether it's a collection agency. If it's the original creditor, the FDCPA is largely inapplicable. If it is a collection agency, file a small claims action in your local court alleging the violations of the FDCPA that you have outlined. Ask for damages representing emotional distress and embarassment in the jurisdictional maximum of the small claims court. After your complaint is served on Ocwen, contact Ocwen and let them know that you will dismiss your complaint in exchange for a payment of $1,000 plus the costs of filing the small claims action and an agreement to discontinue collection efforts. That's what I would do.