Threatening Letters to Texans Violated Federal Fair Debt Collection Practices Act

HOUSTON, July 2, 2007 -- Houston consumer protection attorney Richard Tomlinson has settled a class action lawsuit against Drive Financial Services, L.P. The suit, which represented a class of more than 1,150 Texas residents, accused Drive of violating numerous federal and state consumer protection laws while attempting to collect debts.

Tomlinson filed the suit against Drive Financial on behalf of Houston resident Velincia Barber and others (Case 4:06-cv-00068). The settlement requires Drive to pay the class $250,000 as well as pay Tomlinson''s legal fees and court costs. U.S. District Judge Sim Lake of the Southern District of Texas ruled that the settlement should be approved as fair, reasonable, adequate and in the best interests of the members of the class.

Class members were notified of the settlement and entitled to submit objections to the court prior to the hearing before Judge Lake. Although more than 1,150 notices were sent out to class members, not a single objection was filed.

"We look forward to the prompt distribution of the settlement proceeds to Drive''s victims," Tomlinson said. "The fact that Drive has to write a quarter million dollars in checks to the Texas residents they harassed should send a message to other debt collectors who use abusive, unethical and illegal techniques to apply pressure."

The suit charged that Drive sent threatening letters to Texas residents who fell behind in their payments. The letters threatened wage garnishment and purported to be from an attorney or law firm, which violated the Federal Fair Debt Collection Practices Act and the Texas Debt Collection Act.

The Office of Richard Tomlinson fights for victims of Fair Debt Collection Act violations. If a debt collector uses profane language, calls repeatedly, threatens to sue, calls too early or too late, or calls at work against your wishes, contact the experienced consumer protection attorneys of the Law Office of Richard Tomlinson at 713-627-2100.

About the Law Office of Richard Tomlinson

Based in Houston, the Law Office of Richard Tomlinson is a consumer law firm focused entirely on consumer law and dedicated to providing legal counsel to consumers in order to give them a fighting chance. The firm represents clients in such cases as Texas lemon laws and other consumer problems with new or used car deals, breach of warranty and other residential construction disputes, fair debt collection law and predatory lending, and deceptive trade practices. For more information go to or call 713-627-2100 ext. 101.