Pennsylvania Record

Tuesday, November 19, 2019

Couple allege Phelan, Hallinan, Diamond & Jones provided incorrect information in notice


By Carrie Bradon | May 20, 2019

General court 10

PHILADELPHIA – A Wilkes-Barre couple allege a Philadelphia debt collector filed a notice against them that contained incorrect information.

Robert Hafner and Kristina Hafner, individually and on behalf of all others similarly situated, filed a complaint on May 3 in the U.S. District Court for the Eastern District of Pennsylvania against Phelan, Hallinan, Diamond & Jones LLP citing the Fair Debt Collection Practices Act.

According to the complaint, the defendant obtained a judgment in foreclosure in January and filed and served a complaint in ejectment against the plaintiffs in the Luzerne County Court of Common Pleas. The suit states the notice on the complaint filed to provide the correct address and phone number for the plaintiffs to contact to obtain information about hiring a lawyer. 

They also allege the defendant's notice provided false, deceptive or misleading information about where to go to find information about hiring a lawyer.

The plaintiffs allege the defendant violated the FDCPA by using false representation or deceptive means to collect a debt. 

The plaintiffs are seeking all reasonable sums due, attorney fees and court costs. They are represented by Joseph M. Adams of the Law Office of Joseph M. Adams in Chalfont. 

U.S. District Court for the Eastern District of Pennsylvania case number 2:19-cv-01938

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U.S. District Court of Eastern District of PennsylvaniaLuzerne County Court of Common Pleas

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