Schlanger & Schlanger Files FDCPA Class Action Against Rubin ...

On July 13, 2012, Schlanger & Schlanger filed a class action against New York debt collection law firm Rubin & Rothman, LLC and Keith Rothman, Esq. in United States District Court, Southern District of New York, alleging that Rubin & Rothman?s state court filings related to alleged non-payment of auto loans contain false and misleading statements in violation of the Fair Debt Collection Practices Act (FDCPA), 15 USC 1692, et. seq.? Specifically, the lawsuit alleges that Rubin & Rothman falsely states in its state court collection complaints that lender TD Auto Finance, LLC is ?an original creditor? or a ?passive debt buyer? when this is not the case.

The lawsuit, titled Tito v. Rubin & Rothman, LLC, et al., 12-cv-3464 (SDNY) alleges that the loans are transferred from auto dealers to TD Auto Finance, LLC (or Chrysler Financial Services Americas, LLC, which was later purchased by TD Auto Finance) and from there are bundled into pooled, securitized trusts (much like residential mortgages), which then hire TD Auto Finance to act as servicer.? The lawsuit alleges that:

?[b]y falsely identifying TD Auto Finance as the ?original creditor? or as a ?passive debt?buyer? R&R hides the complex structure of these transactions and thus prevents Courts and consumers from inquiring into a range of issues (assignment, standing, correct identification of the actual creditor vs. the servicer, etc.) that, in litigation involving residential foreclosures, has proved famously vexing for the banking industry.?

Schlanger & Schlanger, LLP, along with co-counsel Fishman & Mallon, LLP recently reached a tentative settlement of a similar class action titled De La Paz v. Rubin & Rothman, LLC, 11-cv-9625 (SDNY), also filed in the Southern District of New York.? This earlier lawsuit involves allegedly false statements made in state court collection complaints filed by Rubin & Rothman on behalf of Capital One Auto Finance, Inc.? A proposed settlement in De La Paz is scheduled to be submitted for court approval on August 3, 2012.

If you have been sued by Rubin & Rothman, LLP in connection with an allegedly unpaid auto loan from Capital One Auto Finance, Inc, Chrysler Financial Services, LLC, or TD Auto Finance, LLC, your rights may be affected by these lawsuits.? Contact us via email at info@schlangerlegal.com, or call us at 1-800-685-2580 for more information.

This entry was posted on Tuesday, July 24th, 2012 at 9:11 am and is filed under Consumer Class Actions, Debt Collection Abuse. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

Source: http://www.newyorkconsumerprotection.com/schlanger-reaches-tentative-settlement-with-rubin-rothman-in-similar-class-action-fi

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