Tag Archives: Consumer protection

J. Crew Faces Privacy Class Action in Boston Federal Court (Settled Case)

Updates

July 25, 2014 – This case has settled. The official settlement website is www.millercrohnjcrewsettlement.com, where notices and claim forms can be found. Email notices went out on 7/25/14. The claim form can be downloaded here (pdf), or filled out and submitted online (recommended). The deadline to file a claim to receive a $20 J. Crew voucher is September 25, 2014.

If You Made a Credit Card Purchase at a J. Crew Massachusetts Retail Store Between June 20, 2009 and June 27, 2014, you could receive compensation from the Class Action Settlement.

This Settlement is for individuals who made a credit card purchase at one or more J. Crew retail stores in Massachusetts between June 20, 2009 and June 27, 2014 and whose Personal Identification Information (i.e. ZIP code or other information) was requested and recorded by J. Crew. The Settlement does not include purchases made online. Class Members will receive a voucher for $20 that may be redeemed at J. Crew retail stores in Massachusetts.

Miller v. J Crew Settlement Notice (front)

J. Crew Zip Code Settlement Notice (front)

 

Miller v. J. Crew - Settement Notice (reverse)

J. Crew Zip Code Settlement Notice (reverse)

The email notice is not a scam.

From: “Miller and Crohn J. Crew Settlement Administrator ” <Administrator@qgemail.com<mailto:Administrator@qgemail.com>>
Date: July 25, 2014 at 2:00:27 PM EDT
Subject: LEGAL NOTICE OF SETTLEMENT OF CLASS ACTION

________________________________
NOTICE OF PENDING CLASS ACTION AND NOTICE OF PROPOSED SETTLEMENT MILLER V. J. CREW GROUP, INC.
________________________________
If you engaged in a Credit Card transaction at a Massachusetts
J. Crew Store between June 20, 2009 and June 27, 2014 and your
Personal Identification Information (e.g., ZIP code) was requested and
recorded you may be entitled to receive a Voucher for $20 off your
next J. Crew Store purchase….etc.

June 30, 2013 – The Leonard Law Office is representing clients regarding credit card privacy claims against J. Crew. This class action alleges violations of Massachusetts privacy and consumer protection laws.

J crew

Information about the class action lawsuit against J. Crew

The complaint alleges that J. Crew collected ZIP codes at checkout at its Massachusetts stores from customers who made purchases with credit cards, recorded that information as part of credit card transactions, and then used that information for marketing  purposes, including to send unsolicited marketing and promotional materials, or “junk mail.”  The complaint further alleges that:

  • J. Crew does not collect, record, and use the customers’ ZIP code information in order to verify the customer’s identity or for any other legitimate purpose in connection with the Credit Card transaction.
  • J. Crew uses this information for its own marketing and promotional purposes. Possession of the consumer’s ZIP code information, together with the customer’s name, enables Defendant to identify the customer’s address and/or telephone number through the use of publicly available databases.
  • J. Crew uses the ZIP code information it collects from customers and the addresses and other information it then obtains, to send unsolicited marketing and promotional materials, or “junk mail,” to customers, including Plaintiff and Class members.
  • J. Crew also has the ability to sell the ZIP code information it collects from customers (including Plaintiff and Class members) and the addresses and other information it then obtains, to third parties for a profit or to use the information for other marketing and promotional purposes.

Information about the Class

The proposed class would consist of all persons whose ZIP codes were collected and recorded at any J. Crew retail location in Massachusetts while making Credit Card purchases during the period from June 20, 2009 through June 20, 2013.   The class has not yet been certified.  If you have questions about whether you may be involved, you are welcome to contact the Leonard Law Office.

Information about J. Crew

J. Crew is a privately-held corporation, organized under the laws of Delaware with a principal place of business at 770 Broadway, New York NY 10003.  J. Crew has sixteen retail locations in Massachusetts, three of which are factory outlets and the remainder of which are traditional retail stores.

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Filed under Class Action Lawsuits, Current Cases

Victims of Green Tree Servicing and Bank of America

PLEASE DO NOT CONTACT THIS OFFICE ABOUT GREEN TREE SERVICING FOR ANY REASON. EMAILS AND VOICEMAILS ABOUT GREEN TREE WILL NOT BE RETURNED.

PLEASE TRY THE CONSUMER FINANCIAL PROTECTION BUREAU, BECAUSE THEY ARE ASSISTING CONSUMERS WITH ISSUES WITH GREEN TREE SERVICING. SEE http://www.consumerfinance.gov/newsroom/cfpb-and-federal-trade-commission-take-action-against-green-tree-servicing-for-mistreating-borrowers-trying-to-save-their-homes/

4/21/15 UPDATE: THE FEDERAL GOVERNMENT HAS HELD GREEN TREE SERVICING ACCOUNTABLE. 

Green Tree Servicing Allegedly Deceived Homeowners, Many of Whom Were Already in Financial Distress

A national mortgage servicing company will pay $63 million to resolve Federal Trade Commissionand Consumer Financial Protection Bureau charges that it harmed homeowners with illegal loan servicing and debt collection practices.

The FTC and CFPB allege that Green Tree Servicing LLC made illegal and abusive debt collection calls to consumers, misrepresented the amounts people owed, and failed to honor loan modification agreements between consumers and their prior servicers, among other charges.

Under the proposed settlement, Green Tree will pay $48 million to affected consumers and a $15 million civil penalty. The company also will stop its alleged illegal practices, create a home preservation plan for some distressed homeowners, and take rigorous steps to ensure that it collects the correct amounts from consumers.

“It’s against the law for a loan servicer to lie about the debts people owe, or threaten and harass people about their debts,” said Jessica Rich, Director of the FTC’s Bureau of Consumer Protection. “Working together, the FTC and CFPB are holding Green Tree responsible for mistreating homeowners, including people in financial distress.”

Green Tree has become the servicer for a substantial number of consumers who were behind on their mortgage payments at the time their loans were transferred to Green Tree. Because homeowners cannot choose their servicer, they are locked into a relationship with the company for as long as it services their loans.

Illegal Debt Collection Practices

According to the FTC and the CFPB, Green Tree’s collectors called consumers who were late on mortgage payments many times per day, including at 5 a.m. or 11 p.m., or at their workplace, every day, week after week, and left many voicemails on the same day. They also unlawfully threatened consumers with arrest or imprisonment, seizure of property, garnishment of wages, and foreclosure, and used loud and abusive language, including calling consumers “deadbeats,” mocking their illnesses and other struggles, and yelling and cursing at them. The company also allegedly revealed debts to consumers’ employers, co-workers, neighbors, and family members, and encouraged them to tell the consumers to pay the debt or help them pay it. The complaint also alleges that Green Tree took payments from some consumers’ bank accounts without their consent.

The agencies also allege that Green Tree pressured consumers to make payments via Speedpay, a third-party service that charges a $12 “convenience” fee per transaction, claiming it was the only way to pay, or that consumers had to use the service to avoid a late fee.

Mishandled Loan Modifications and Delayed Short Sale Requests

According to the complaint, in many instances, Green Tree failed to honor loan modifications that were in the process of being finalized when consumers’ loans were transferred from other servicers to Green Tree. This resulted in consumers making higher monthly payments, receiving collection calls, and even losing their homes to foreclosure.  Green Tree also allegedly misled consumers about their loss mitigation options. The company told some consumers who were behind on their mortgages that they needed to make a payment to be considered for a loan modification, even for programs that prohibited the company from requiring up-front payments. In addition, Green Tree took up to six months to respond to consumers’ short sale requests despite telling them it would respond much more quickly. These delays caused consumers to lose potential buyers, miss other loss mitigation options, and face foreclosures they could have avoided.

Misrepresented Account Status to Consumers and Credit Reporting Agencies

According to the complaint, Green Tree misrepresented the amounts consumers owed or the terms of their loans. This included telling consumers they owed fees they did not owe, or that they had to make higher monthly payments than their mortgage contracts required. The company often knew or had reason to believe that specific portfolios of loans it acquired from other servicers contained unreliable or missing information. In many instances, it should have known that consumers had loan modifications from prior servicers and therefore owed lower amounts. And when consumers disputed the amounts owed or terms of their loans, Green Tree failed to investigate the disputes before continuing collections.

Green Tree also allegedly furnished consumers’ credit information to consumer reporting agencies when it knew, or had reasonable cause to believe, that the information was inaccurate, and failed to correct the information after determining that it was incomplete or inaccurate – often when consumers told Green Tree about it.

Proposed Settlement Order

In addition to the $63 million in monetary payments, the proposed settlement order includes provisions that require Green Tree to:

  • establish and maintain a comprehensive data integrity program to ensure the accuracy and completeness of data and other information about consumers’ accounts, before servicing them;
  • cease collection of amounts disputed by consumers until Green Tree investigates the dispute and provides consumers with verification of the amounts owed;
  • meet certain loan servicing requirements to ensure that whenever Green Tree is involved in the sale or transfer of servicing rights, the buyer or transferee will honor loss mitigation agreements and properly review outstanding loss mitigation requests;
  • ensure that it has enough personnel and the technical capacity to handle loss mitigation requests and respond to consumer inquiries in a timely fashion, and make its loss mitigation application available to consumers at no cost and on its website;
  • implement a “Home Preservation Requirement” to provide loss mitigation options to consumers whose loans were transferred to Green Tree during the time period covered by the complaint; and
  • obtain substantiation for any amounts collected when consumers have in-process loan modifications, and for purported amounts due when there is reason to believe a newly transferred loan portfolio is seriously flawed.

The proposed order also prohibits Green Tree from making material misrepresentations about loans, processing procedures, payment methods, and fees, from taking unauthorized withdrawals from consumer accounts, and from violating the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, and the Real Estate Settlement Procedures Act.

The Commission vote authorizing the staff to file the complaint and proposed stipulated order was 5-0. The FTC filed the complaint and proposed stipulated order in the U.S. District Court for the District of Minnesota.

NOTE: The Commission files a complaint when it has “reason to believe” that the law has been or is being violated and it appears to the Commission that a proceeding is in the public interest. Stipulated orders have the force of law when approved and signed by the District Court judge.

To learn more, read Making Payments to Your Mortgage Servicer and Debt Collection.

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PLEASE READ: DUE TO AN OVERWHELMING NUMBER OF CALLS, WE RESPECTFULLY REQUEST THAT YOU REFER YOUR GENERAL COMPLAINTS ABOUT GREEN TREE SERVICING’S BUSINESS PRACTICES TO THE CONSUMER FINANCIAL PROTECTION BUREAU (www.consumerfinance.gov)

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VICTIMS OF GREEN TREE SERVICING

AND BANK OF AMERICA


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Filed under Class Action Investigations, Current Cases