James M. Gailey II, individually, and on behalf of all those similarly situated v. Solace Financial LLC
Published: Mar. 7, 2015 | Result Date: Apr. 8, 2014 | Filing Date: Jan. 1, 1900 |Case number: 5:13-cv-00598-EJD Settlement – $2,000
Facts
James Gailey filed a class action against Solace Financial Inc.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff accused defendant, a debt collector, of violating the Fair Debt Collection Practices Act and the Rosenthal Fair Debt Collection Practices Act by leaving voice mail messages that fail to disclose defendant's identity as a debt collector or failing to disclose the nature of the call as required under the relevant statutes.
DEFENDANT'S CONTENTIONS:
Liability was disputed. Defendant denied plaintiff's allegations and asserted various affirmative defenses.
Result
The court entered judgment, based on plaintiff's acceptance of defendant's Rule 68 Offer of Judgment, in favor of Gailey in the amount of $2,000 plus reasonable attorney fees and costs. The case settled on an individual basis with the named plaintiffs. No class was ever certified.
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