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Abrahamsen Gindin LLC
Abrahamsen Gindin LLC, a multi-state creditors' rights firm based in Scranton, Pennsylvania, recently acquired Long Island-based Forster and Garbus LLP. The acquisition was announced in April 2023.
Abrahamsen Gindin LLC is owned by Joshua Gindin, David Schlee, Josh Borer, and Ned Abrahamsen. The firm currently operates in New York, New Jersey, Pennsylvania, Delaware, Maryland, and Washington, D.C., and plans to expand further once the firms are fully integrated within 12 to 18 months.
Abrahamsen Gindin LLC address is 245 Main Street, Suite 100 Dickson City, PA 18519, United States, Phone: 570.349.5050
Fair Debt Collection Practices Act (FDCPA) Case Scrutinized Over Standing, Settlement, and Incentive Awards
In the case of Guyton v. Abrahamsen Gindin, LLC, Plaintiff Guyton, representing a class, alleges that the defendant violated the FDCPA by sending debt collection letters when it was not registered with the Florida Office of Financial Regulation. The court expressed concerns regarding the preliminary approval of the class action settlement. Notably, the court highlighted the need to ensure class members have standing and raised questions about a $1,000 award to the named plaintiff, Ms. Guyton.
Three Main Takeaways for NY Consumer Defendants (Note: This is not a New York case, but an Eleventh Circuit case):
- Importance of Standing: The court emphasized that every class member must have Article III standing for recovering individual damages. Merely alleging a statutory violation without demonstrating concrete harm may not be enough to establish standing.
- Incentive Awards Under Scrutiny: The court questioned the validity of incentive awards to class representatives, especially when the award seems to compensate the representative for their time and for bringing the lawsuit. Even when these awards are statutorily permitted, their validity may still be challenged.
- Detailed Scrutiny of Settlement Agreements: Before granting preliminary approval for class action settlements, the court meticulously evaluates the details. This includes ensuring that the named plaintiff and all class members have the necessary standing, and that any awards or compensation given are justified and permissible under the law.
These takeaways underscore the importance of attention to detail, proper classification, and strong legal foundations when pursuing class action cases.
