CONSUMER CLASS ACTIONS
Williams v. Empire Funding Corp.,
183 F.R.D. 428 (E.D. Pa. 1998), 109 F.Supp.2d 352 (E.D. Pa. 2000)
Donovan Searles, LLC co-counseled this class action against
a predatory lender who deprived consumers of their right to rescission
under the federal Truth-In-Lending Act through the use of a deceptive
"two-contract scheme" whereby a home improvement company named Fredmont
Builders targeted low income areas, going door-to-door promoting a
program of home improvements and repairs which the sales people claimed
were associated with the federal government. The Court certified a
class of over three hundred consumers and, following further litigation,
the parties reached a settlement involving rescission of mortgages and
payment of damages, with a total settlement value in excess of $1,000,000.
Newton v. United Companies Financial Corp.,
24 F. Supp. 2d 444 (E.D. Pa. 1998)
Donovan Searles, LLC co-counseled this five day bench
trial on behalf of four low-income plaintiffs against a sub-prime home
equity lender for violations of the Home Ownership and Equity Protection
Act and the Equal Credit Opportunity Act. Plaintiffs prevailed on
virtually all their claims, achieving rescission of the mortgages and
awards of money damages.
Colbert v. Dymacol, Inc.,
305 F.3d 1256 (3d Cir. 2002)
Donovan Searles LLC co-counseled this class action
involving over 42,000 Pennsylvania consumers under the Fair Debt
Collection Practices Act. The case raised cutting edge issues
involving the intersection of Rule 68 offer of judgments and Rule
23 class actions. The case was argued twice before the Court of
Appeals for the Third Circuit, once before a panel of three judges
and subsequently on rehearing en banc before all thirteen judges
of the court. Following a successful remand of the case to the
district court, plaintiffs eventually reached a settlement that
resulted in a payment to the class members in the maximum amount
they would have won had the case gone to trial.
Samuel v. Equicredit Corp.,
C.A. No. 00-6196 (E.D. Pa.)
Donovan Searles, LLC served as co-counsel to the plaintiff
and a class of approximately twelve thousand Pennsylvania residential
homeowners who were victimized by practices and policies of a sub-prime
home equity lender. Following vigorous litigation, the case settled in
consideration of a $2,500,000 payment to the class, as well as
substantial relief for class members whose homes were in the midst
of foreclosure as a result of the defendant’s actions.
Fry v. Hayt, Hayt & Landau,
198 F.R.D. 461 (E.D. Pa. 2000)
Donovan Searles, LLC co-counseled this debt collection
class action involving over 55,000 class members who received deceptive
dunning letters from the defendant debt collector law firm. Plaintiff
achieved a settlement valued in excess of $453,000.
Stewart v. Fairbanks Capital Corp.,
Philadelphia Court of Common Pleas, March Term, 2003, No. 2075
Donovan Searles, LLC is lead counsel in this class
action against a mortgage servicer for imposing improper and excessive
fees and charges added to class members’ mortgage accounts, including
forced-placed hazard insurance charges. The defendants removed the
case to federal court and plaintiff successfully moved to have the
case remanded to state court, where it is currently proceeding.
Braun v. Walmart Stores, Inc.,
2003 WL 1847695 (Pa. Com. Pl. January 15, 2003)
Donovan Searles, LLC is co-counsel to the plaintiff
and class in this action to recover unpaid wages earned by Walmart
employees for overtime work. Plaintiff has obtained a court ruling
prohibiting Walmart from conducting ex parte interviews with current
and former employees who are class members. Discovery is currently
proceeding, and a decision on class certification is expected in early 2004.
Piper v. Portnoff Law Associates, Ltd., 2003 WL 21146707
(E.D. Pa. May 15, 2003), 2003 WL 21545111 (E.D. Pa. July 8, 2003)
Donovan Searles, LLC represents a class of over
six hundred residential homeowners who have been dunned by a debt
collection law firm for collection of water/sewer bills owed to the
City of Bethlehem, Pennsylvania. Donovan Searles obtained a
preliminary injunction of the scheduled Sheriff Sale of the
representative plaintiff’s home by the defendant law firm in an
attempt to collect a $254 water/sewer bill. The lawsuit seeks
to hold the defendant debt collector law firm to the standards
and requirements of federal and state debt collection laws and
also seeks to recover damages for the class in the form of
excessive and improper attorney’s fees charged by the defendants.
The jury trial is scheduled to begin on September 9, 2003.