New York, New York (PRWEB) July 28, 2012
As federal litigation in multiple courts accelerates Encore Capital Group has had to answer if the profits of the company are derived from violations of the Fair Debt Collection Practices Act (FDCPA) as found by Judge Katz of the Ohio federal court last year when he enjoined the practice of robo-signing affidavits.
U.S. Sixth Circuit Court of Appeals filing.
The Federal Trade Commission and the Attorney Generals of 38 states argue that the settlement reached in 2011 was far too kind to Encore Capital Group and Midland Funding.
FTC court Brief.
Recent filings in the U.S. 6th Circuit have concentrated upon Encore-Midland's attorney misconduct related to debt collection including attorney perjury in affidavits, rapid-fire filing of multiple cases against individual debtors intended to overwhelm and robo-litigation -- all in violation of the FDCPA.
6th Circuit Filing.
Papers have been filed to re-open the federal class action against Encore-Midland to enforce robo-signing violations of the class action injunction requesting a finding of contempt and punishment of Encore-Midland.
District Court (ohio) Filing.
The theme behind the current litigation against the billion-dollar publicly traded Encore Capital Group is whether the 5-10 million dollar judgment with fees and costs was far woefully inadequate to dissuade this corporate giant from engaging in illegal activities for profit.
Brief of 38 Attorney Generals regarding Encore Capital Group - Midland Funding LLC
Opinion of U.S. District Court Judge Katz.
Plaintiff Scott Huminski seeks to file additional claims which combine FDCPA violations with torts of abuse of process, harassment and intentional infliction of emotional distress seeking punitive damages of 50 million dollars which Huminski opines in a recent media interview, "will be sufficient enough to end the illegal conduct of Encore and Midland, apparently 10 million achieved nothing and was not a deterrent.".