What is this lawsuit about?
This lawsuit claims that Defendant, McCabe, Trotter & Beverly, P.C. was unjustly enriched and violated the Fair Debt Collection Practices Act, 15 U.S.C. § 1692, et seq.
Plaintiff claims that Defendant misrepresented amounts that were owed and the legal ability to collect amounts claimed owed during the process of pursing collections. The Defendant denies it violated any law and denies liability to Plaintiff and the class.
THE COURT HAS MADE NO FINDING OF LIABILITY AGAINST DEFENDANT and McCabe, Trotter & Beverly, P.C denies any wrongdoing. Further, if the Court ultimately finds that there was no violation of the law, the class members will receive nothing. This class action and Notice has no impact on any collection activity, including litigation, McCabe, Trotter & Beverly, P.C has taken against you, and such activity may be ongoing at this time.
If Plaintiff prevails, you may be entitled to recover statutory and actual damages under the FDCPA. Under the statute, an individual can recover: i) actual damages suffered; ii) statutory damages from $0-$1,000; and iii) attorney’s fees. In a class action, the class as a whole may recover up to $500,000 or 1% of the defendant’s net worth, whichever is less, plus actual damages. McCabe, Trotter & Beverly, P.C estimates that there are approximately 6922 class members in the Class.
This lawsuit claims that Defendant, McCabe, Trotter & Beverly, P.C. was unjustly enriched and violated the Fair Debt Collection Practices Act, 15 U.S.C. § 1692, et seq.
Plaintiff claims that Defendant misrepresented amounts that were owed and the legal ability to collect amounts claimed owed during the process of pursing collections. The Defendant denies it violated any law and denies liability to Plaintiff and the class.
THE COURT HAS MADE NO FINDING OF LIABILITY AGAINST DEFENDANT and McCabe, Trotter & Beverly, P.C denies any wrongdoing. Further, if the Court ultimately finds that there was no violation of the law, the class members will receive nothing. This class action and Notice has no impact on any collection activity, including litigation, McCabe, Trotter & Beverly, P.C has taken against you, and such activity may be ongoing at this time.
If Plaintiff prevails, you may be entitled to recover statutory and actual damages under the FDCPA. Under the statute, an individual can recover: i) actual damages suffered; ii) statutory damages from $0-$1,000; and iii) attorney’s fees. In a class action, the class as a whole may recover up to $500,000 or 1% of the defendant’s net worth, whichever is less, plus actual damages. McCabe, Trotter & Beverly, P.C estimates that there are approximately 6922 class members in the Class.
What are your options?
A judge has determined that this case can proceed as a class action. However, the claim is disputed and McCabe, Trotter & Beverly, P.C denies all liability. As a member of the class you have the choice of remaining in or excluding yourself from the class. Please review your options below. Each choice has certain risks and consequences. You have the right to discuss your decision with Class Counsel or your own attorney.
a) Remain in the Class.
You do not need to take any further action if you want to remain a member of the class. You will be represented by the law firms that brought this action on behalf of the Plaintiff, which has been designated as the Class Counsel by the Judge. These attorneys are:
Mary Leigh Arnold
Mary Leigh Arnold, P.A.
749 Johnnie Dodds Blvd., Suite B
Mt. Pleasant, S.C. 29464
Justin S. Kahn
Kahn Law Firm LLP
P.O. Box 31397
Charleston, S.C. 29417
info@mccabetrotterclassaction.com (email)
www.mccabetrotterclassaction.com (website)
If you stay in the class, you will be bound by the result of the lawsuit, whether the result is favorable or unfavorable. This means, for example, if the judge enters a judgment against defendant, you might receive money from the lawsuit. On the other hand, if the judge finds no liability on the part of defendant, you would not receive any money.
b) Exclude yourself from the class.
If you exclude yourself from the class, you: (i) will not be bound by any judgment or disposition of this case; (ii)
will retain any claims you may have against defendant; and (iii) will not share in any recovery that may be awarded by the Court or obtained under any settlement with defendant.
If you elect to be excluded from the class, you may file an individual action or intervene in this action. You also
have the right to file an appearance yourself or through an attorney. If you want your own lawyer to represent you in an individual case, the terms of such representation are for you and your lawyer to negotiate.
The statute of limitations, which stopped running on November 5, 2015, when this case was filed, will begin running again upon your filing of request for exclusion. You will have the same number of days to file suit as you had on November 5, 2015. Your request to exclude yourself must be postmarked by August 19, 2019 , and sent to class counsel listed above.
A judge has determined that this case can proceed as a class action. However, the claim is disputed and McCabe, Trotter & Beverly, P.C denies all liability. As a member of the class you have the choice of remaining in or excluding yourself from the class. Please review your options below. Each choice has certain risks and consequences. You have the right to discuss your decision with Class Counsel or your own attorney.
a) Remain in the Class.
You do not need to take any further action if you want to remain a member of the class. You will be represented by the law firms that brought this action on behalf of the Plaintiff, which has been designated as the Class Counsel by the Judge. These attorneys are:
Mary Leigh Arnold
Mary Leigh Arnold, P.A.
749 Johnnie Dodds Blvd., Suite B
Mt. Pleasant, S.C. 29464
Justin S. Kahn
Kahn Law Firm LLP
P.O. Box 31397
Charleston, S.C. 29417
info@mccabetrotterclassaction.com (email)
www.mccabetrotterclassaction.com (website)
If you stay in the class, you will be bound by the result of the lawsuit, whether the result is favorable or unfavorable. This means, for example, if the judge enters a judgment against defendant, you might receive money from the lawsuit. On the other hand, if the judge finds no liability on the part of defendant, you would not receive any money.
b) Exclude yourself from the class.
If you exclude yourself from the class, you: (i) will not be bound by any judgment or disposition of this case; (ii)
will retain any claims you may have against defendant; and (iii) will not share in any recovery that may be awarded by the Court or obtained under any settlement with defendant.
If you elect to be excluded from the class, you may file an individual action or intervene in this action. You also
have the right to file an appearance yourself or through an attorney. If you want your own lawyer to represent you in an individual case, the terms of such representation are for you and your lawyer to negotiate.
The statute of limitations, which stopped running on November 5, 2015, when this case was filed, will begin running again upon your filing of request for exclusion. You will have the same number of days to file suit as you had on November 5, 2015. Your request to exclude yourself must be postmarked by August 19, 2019 , and sent to class counsel listed above.
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