National Collegiate Student Loan Trust Hit With Multiple Suits

National Collegiate Student Loan Trust(s) Hit with Multiple Class Action Lawsuit for Unfair Practices

Hyde & Swigart has filed multiple class action lawsuits against National Collegiate Student Loan Trust, and the Law Offices of Patenaude & Felix APC, alleging that they used deceptive practices to collect student loan debts in the state of California in violation of State and Federal Law. Specifically, Hyde & Swigart alleges numerous violations of the Fair Debt Collection Practices Act and the Rosenthal Ac.

Each of the class action cases have been filed in the Southern District Federal Court of California. Each case alleges that Defendants incorrectly assert in their State Court Complaints filed against California Consumers that said Consumers entered into written contracts with Defendant, National Collegiate. Despite Defendants’ assertion, the Plaintiffs’ contend that they did not enter into written contracts with Defendant, National Collegiate. Plaintiffs’ contend that “Defendants’ failure to identify the original creditor, is both deceptive and material under the least sophisticated standard and constitutes a violation of 15 U.S.C. § 1692e,” and that, “through this conduct, Defendants’ used a false, deceptive, or misleading representation or means in connection with the collection of a debt,” consequently violating 15 U.S.C. § 1692e, 15 U.S.C. § 1692e(10). Cal. Civ. Code § 1788.17.

Plaintiffs have brought their class action lawsuits on behalf of all persons in California who have also had a collection lawsuit filed against them by National Collegiate to recover a consumer debt in which the lawsuit failed to properly provide the name of the original creditor to the alleged contract.

Check back with Hyde & Swigart, as we will be updating consumers periodically as to the status of these class action lawsuits and how they may affect consumers.

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Hyde & Swigart has helped thousands of consumers in Minnesota, California, Arizona, Colorado and Texas with their legal issues, and we have never seen two cases that were identical. We also have attorneys who have helped consumers in Florida, Michigan, Nevada, New York, Oregon, Wisconsin, Washington, and Washington, D.C. You should never assume your situation is the same as something that is described on this web site, or that you read elsewhere on the Internet. Each situation is unique, and in our opinion, each situation needs to be thoroughly and independently reviewed by a competent consumer rights attorney. While we are happy to do that for you for free, we cannot do that solely on this web site. Even our evaluation forms are mere starting points. You should never assume your case, your situation, or your set of facts, are covered in their entirety by this web site. If you have questions about your potential case, we will be glad to discuss them with you at no charge. However, do not act, or fail to act, simply because of something you read or see on this web site. Click here to read more.

2 Comments

Thomas Kehoe says:

March 1, 2015 at 12:47 am

I concede to the notions of this lawsuit through personal experience with National Collegiate Trust. My original loan was taken out from Chase Bank to later be purchased by AES. Next thing I know, I have National Collegiate Trust calling for repayment. I filed Chapter 13 about 5 years ago, and once the case was dismissed, I received a phone call at work from MRS Associates, a debt collection agency. I have been on a payment plan with them for the last year. If there is anything I can do to help support the case, please let me know.
Taylor says:

August 5, 2015 at 1:01 pm

National Collegiate Student Loan Trust, and the Law Offices of Patenaude & Felix APC
have filed suits against me. I see this all to clear and think the same thing. No one
really has the answers. This is fraud! I might need some good advice soon.

Comments are closed