Home » Class Action » Evon v. Law Offices of Sidney Mickell (U.S. District Court, Eastern District of California, Case No. 2-09-cv-00760-JAM-GGH)

Evon v. Law Offices of Sidney Mickell (U.S. District Court, Eastern District of California, Case No. 2-09-cv-00760-JAM-GGH)

In a class action complaint, Lemberg & Associates is representing Catherine Evon, who is suing the Law Offices of Sidney Mickell for alleged violations of the federal Fair Debt Collection Practices Act and California’s Rosenthal Fair Debt Collection Practices Act.

The suit alleges that the Law Offices of Sidney Mickell sent a letter to Ms. Evon’s place of employment, knowing that her employer prohibited employees from receiving legal correspondence at work, and that sending such correspondence ensures that third parties (such as the employer) will become privy to consumers’ private information. In addition, the letter threatened legal action, wage garnishment, bank account levies, attachment of assets, and accrual of interest and attorneys’ fees – all of which are impermissible under the law.

When Ms. Evon requested, in writing, that the law firm stop communicating with her and stop contacting her at work, the law firm refused. In addition, the law firm refused to provide Ms. Evon with information about the debt, and then threatened to serve legal papers to her at work. Furthermore, they contacted her employer when trying to collect the debt.

Because these types of collection letters are mass-mailed form letters, it is likely that many other consumers received these notices. By bringing this class action lawsuit, other consumers will be represented as well.

Update: The Ninth Circuit Court of Appeals reversed the district court's grant of summary judgment to the defendant and reversed the denial of class certification on the issue of whether Mickell's act of sending “care of” letters to consumers' employers violates the FDCPA.

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If you’ve received a debt collection letter from the Law Offices of Sidney Mickell at your place of employment, complete the form to the right or contact our office toll-free at 855-301-2100. We’ll review your case absolutely free and help you understand your options.

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