Roundtree v. Bush Ross, P.A., 304 F.R.D. 644 (M.D. Fla. 2015)
The parties have reached a settlement of this action in the United States District Court for the Middle District of Florida. The settlement provides for a common fund from which valid claimants will each receive approximately $260. Checks will be mailed to participating class members by March 31, 2016.
Previously, on February 18, 2015, in Roundtree v. Bush Ross, P.A., 304 F.R.D. 644 (M.D. Fla. 2015), Judge Whittemore certified three classes of Florida consumers allegedly harmed by Bush Ross, P.A.'s debt collection practices:
a. The Overshadowing Class: All persons located in the State of Florida to whom, between February 7, 2013 and February 6, 2014, Bush Ross, P.A. sent an initial written communication, which was not returned as undeliverable, in connection with an attempt to collect any alleged debt incurred for personal, family, or household purposes, in which the initial written communication stated as follows:
Unless the entire sum is paid within thirty (30) days of your receipt of this letter, we shall proceed with appropriate actions to protect the Association’s interests, including, but not limited to the filing of a claim of lien and foreclosure thereon.
and/or
This is the only communication regarding this matter that you will receive prior to the filing of a claim of lien.
and/or
Any further communication regarding this matter shall be in writing for your own protection.
b. The Fee Class: All persons located in the State of Florida to whom, between February 7, 2013 and February 6, 2014, Bush Ross, P.A. sent a demand for payment for Bush Ross, P.A.’s fees and expenses incurred in connection with its attempts to collect a debt incurred for personal, family, or household purposes from such person.
c. The Lawsuit Class: All persons located in the State of Florida to whom, between February 7, 2013 and February 6, 2014, Bush Ross, P.A. sent a “Notice Required by the Fair Debt Collections Practices Act” as part of a lawsuit filed by Bush Ross, P.A. to collect a debt incurred for personal, family, or household purposes against such person.
The Court also certified Greenwald Davidson Radbil PLLC as Class Counsel.
Brief overview of the case
Plaintiff Linda Roundtree owned and occupied a unit in the North Bay Village Condominium Association. Defendant Bush Ross, P.A. sent Ms. Roundtree a letter on February 12, 2013, alleging she was delinquent in her account with the condo association and threatening to file a claim of lien and foreclose on the lien. The letter included the following language, which Ms. Roundtree alleges violated the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq:
Unless the entire sum is paid within thirty (30) days of your receipt of this letter, we shall proceed with appropriate actions to protect the Association’s interests, including, but not limited to the filing of a claim of lien and foreclosure thereon. If a claim of lien is filed against your unit to collect the amounts stated hereinabove, you will be responsible for the cost of recording the lien ($18.50), a title search ($25.00), and certified mail ($5.00 per unit owner per address), plus additional attorney’s fees of approximately $200.00.
* * *
This is the only communication regarding this matter that you will receive prior to the filing of a claim of lien. Any partial or lesser payment which is received after the date of this letter will be applied in accordance with Florida Statute § 718.116(3), and you will be responsible for all additional attorney’s fees and costs.... Any further communication regarding this matter shall be in writing for your own protection.
On August 20, 2013, the Association filed a lawsuit in state court, signed by members of Bush Ross, to foreclose on Ms. Roundtree’s unit. Attached to the complaint was a “Notice Required by the Fair Debt Collection Practices Act”, including the following language which Ms. Roundtree alleges violated the FDCPA:
3. The Debtor may dispute the validity of this debt, or any portion thereof, within thirty (30) days of receipt of this notice. If the debtor fails to dispute within thirty (30) days, the debt will be assumed valid by the creditor.
4. If the Debtor notifies the creditor’s law firm within thirty (30) days from receipt of this Notice that the debt, or any portion thereof is disputed, the creditor’s law firm will obtain verification of the debt or a copy of a judgment and a copy of the verification will be mailed to the Debtor by the creditor’s law firm.
5. If the creditor named herein is not the original creditor, and if the debtor makes request to the creditor’s law firm within thirty (30) days of receipt of this notice, the name and address of the original creditor will be mailed to the debtor by the creditor’s law firm.
6. Request pursuant to this notice may be made via telephone at (813) 204–6492, via facsimile at (813) 223–9620, or via mail addressed to FAIR DEBT COLLECTION, c/o Steven H. Mezer, Esquire, BUSH ROSS, P.A., P.O. Box 3913, Tampa, FL 33601..
Ms. Roundtree alleges the February 12, 2013 letter violated the FDCPA by causing the least-sophisticated customer to waive his FDCPA rights and overshadowing the required FDCPA notice. Ms. Roundtree also contended the letter inflated the debt owed by including Bush Ross’s fees and that the foreclosure threat was unfair. Finally, Ms. Roundtree alleged the August 20, 2013 notice included false and misleading representations, among which was the process for responding to a lawsuit, and was misleading her as to customers’ FDCPA rights.
If you have any questions about the litigation, please contact Michael L. Greenwald at (561) 826-5477 or mgreenwald@gdrlawfirm.com