FLORIDA CLASS ACTION AGAINST LAW OFFICES OF DANIEL C. CONSUEGRA, P.L., and DYCK-O’NEAL, INC.,
Happy to see jaxlawcenter.com representing the class!
UPDATE:
The previous class action was dismissed because the defendants presented some evidence that the loan may not have been a consumer loan. Rather than litigate the issue of whether the class representative’s loan was a consumer loan, Parker & DuFresne, P.A. decided to dismiss the case and immediately file the attached case with a new class representative.
.
Danell Huthsing’s loan is definitely a consumer loan, and to avoid protracted arguments on damages, Ms. Huthsing is only seeking statutory damages on behalf of class members. Individual class members who suffer actual damages as a result of Dyck-O’Neal’s illegal collection activity can still file individual federal cases for actual damages. Parker & DuFresne, P.A. intends to file many individual federal lawsuits against Dyck-O’Neal seeking actual damages for homeowners.
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION
DANELL A. HUTHSING., on behalf of himself and all others similarly situated, Plaintiff, v. LAW OFFICES OF DANIEL C. CONSUEGRA, P.L., a Florida Professional Limited Liability Company, and DYCK-O’NEAL, INC., a Texas Corporation. Defendants. CLASS ACTION COMPLAINT Plaintiff, DANELL A. HUTHSING (hereinafter “Plaintiff”), by and through her undersigned counsel, brings this suit against Defendants, LAW OFFICES OF DANIEL C. CONSUEGRA, P.L., a Florida Professional Limited Liability Company, and DYCK-O’NEAL, INC., a Texas Corporation, and alleges: I. INTRODUCTION 1. This is a class action brought under the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). 2. This action arises out of Defendants’ systematic violations of the FDCPA’s venue provision, and more specifically, by filing suit against Plaintiff and members the putative class in venues other than where they reside, in contravention of § 1692i(a). [...]