Plaintiff in Class Action Says Every Day Counts When it Comes to Interest
BUSINESS LITIGATION SESSION
Plaintiff Joseph Grabau has filed a putative class action against Commerce Insurance Company for violations of Massachusetts common law as well as a settlement agreement that Commerce entered into to settle a prior class action that had been brought in the BLS. Plaintiff alleges that Commerce is required by common law and by the settlement agreement to pay post-arbitration award interest at the statutory rate of 12% from the date of the arbitration award until the date of payment, plus three days for mailing. In Plaintiff's case, he received an arbitration award of $67,000 dated December 21, 2017, and received a check dated December 22, 2017, for exactly that amount, but on December 29. However, Plaintiff alleges that the check should have included $88.11, reflecting four days of interest.
Class Action Against Attorney for Debt Collector
BUSINESS LITIGATION SESSION
David Brook has filed a class action against J.A. Cambece Law Office and J. Anthony Cambece alleging that the Defendants were unjustly enriched and violated G. L. 93A by earning legal fees collecting debts on behalf of CACH, LLC, which is a debt collector that buys consumer debt in bulk. According to the complaint, CACH is not licensed as a debt collector as required by the Massachusetts Debt Collections Practices Act ("MDCPA"), G.L. §24A, which is a per se violation of G.L. 93A §2. Plaintiff alleges such all of Defendants' debt collection activities in Massachusetts on behalf of CACH - including threatening telephone calls and correspondence, filing lawsuits and seeking to enforce judgments -- were unlawful under the MDCPA and Federal Debt Collection Practices Act.
