Indiana -- Lawsuits against ACCS
Hamilton v. ACCS, Civ. No. 05-0434 RM (Northern District of Indiana-South Bend):
Plaintiffs filed this lawsuit in 2005, against ACCS and the individual and companies that worked with ACCS to collect checks. In 2007, the district court certified a class of all people in Indiana from whom ACCS attempted to collect between July 2004 and February 14, 2007. The parties submitted motions for summary judgment in mid-2007, and the court held a hearing on this motion, for the claims against the non-ACCS defendants, on August 6, 2009. The court has now ruled that the non-ACCS defendants were not "debt collectors" under federal law. Therefore, they are not liable, even if the ACCS "Bad Check Restitution Program" violated the law. Use the toll-free number or email listed on this web site to get more information. On June 3, 2010 the federal court in California ruled that the non-ACCS defendants, Don Mealing and Lynn Hasney, were debt collectors, and that they violated state and federal law by:
(1)
impersonating the district attorney in its letters,
(2) charging a fee
for a "diversion" class; and,
(3) threatening to prosecute check writers
who did not pay for the diversion program.
You can see a copy of the
court's order here.
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Lawsuits - Indiana
