"The FDCPA and NCCAA were enacted to shield consumers from improper collection attempts, and the Justice Center has a strong history of enforcing those protections here in North Carolina, so we’re pleased that the Court approved the Justice Center as the ‘cy pres’ recipient,” said Chris Bagley.
DURHAM, N.C. (PRWEB) February 13, 2020
The Law Offices of James Scott Farrin is pleased to announce that the North Carolina Justice Center (NCJC) will receive $62,000 in funds that remain from a recent class action settlement.* Attorneys Gary Jackson and Chris Bagley from the Law Offices of James Scott Farrin, along with co-counsel at Maginnis Law in Raleigh, represented consumer debtors in a class action alleging that the defendant violated the Fair Debt Collection Practices Act (“FDCPA”) and the North Carolina Collection Agency Act (“NCCAA”) by attempting to collect debts that had been eliminated through bankruptcy.
“The Justice Center is very pleased with the outcome of this case and honored to be the named beneficiary of the ‘cy pres’ award. These funds will enable the center to provide much-needed legal services to consumers with low incomes across North Carolina,” said Rick Glazier, Executive Director of the NCJC.
A federal court approved the total settlement of $1.2 million on May 29, 2019.* After the attorneys supervised two rounds of distribution to Class members, about $62,000 remained as a result of Class members not cashing the checks sent to them. A court can approve such an award when it would not be possible or cost-effective to send out additional rounds of checks to class members. Under the legal doctrine “cy pres,” a medieval French phrase meaning “as near as possible,” such a remainder can be directed to an organization that furthers a purpose similar to the purpose of that class action.
“The NC Justice Center’s litigation makes use of the same debtor-protection laws that we do, so the idea is that debtors in the same bind as our Class members should be able to benefit once we exhaust our distribution efforts. The FDCPA and NCCAA were enacted to shield consumers from improper collection attempts, and the Justice Center has a strong history of enforcing those protections here in North Carolina, so we’re pleased that the Court approved the Justice Center as the ‘cy pres’ recipient,” Chris Bagley said.
The Justice Center will use the ‘cy pres’ award to fund legal representation of indigent debtors in connection with bankruptcy and/or actions related to collections, and for other purposes that are related to the litigation brought by the Law Offices of James Scott Farrin and Maginnis Law.
About the Law Offices of James Scott Farrin
The Law Offices of James Scott Farrin is headquartered in the American Tobacco Historic District, adjacent to the Durham Bulls Athletic Park, in Durham, with 15 additional offices statewide: Asheville, Charlotte, Fayetteville, Greensboro, Greenville, Goldsboro, Henderson, Morganton, New Bern, Raleigh, Roanoke Rapids, Rocky Mount, Sanford, Wilson, and Winton-Salem. Their more than 50 attorneys focus on Car Accidents, Personal Injury, Workers' Compensation, Social Security Disability, Eminent Domain, Whistleblower, Nursing Home Abuse, Mass Torts, and Products Liability. Nine attorneys are North Carolina Board Certified Specialists in Workers' Compensation Law and one is a North Carolina Board Certified Specialist in Social Security Disability Law. The firm is involved in the community, including sponsorship of philanthropic organizations.
*Each case is unique and must be evaluated on its own merits. Prior results do not guarantee a similar outcome.
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