OLYMPIA — Attorney General Bob Ferguson today filed a multi-million dollar consumer protection lawsuit against ride sharing company Uber, alleging thousands of violations of the state’s data breach notification law. Uber discovered a data breach potentially affecting 57 million passengers and drivers around the world, including the names and driver’s license numbers of at least 10,888 Uber drivers in Washington.
Uber notified the Attorney General’s Office of the breach Nov. 21, 2017, roughly 372 days after it discovered the breach. Rather than reporting the breach as required by law, the company has admitted to paying the hackers to destroy the stolen data.
The complaint, filed this week in King County Superior Court, accuses Reed Hein of numerous violations of the Washington Consumer Protection Act and the Debt Adjusting Act.
The company generally charges from about $3,000 to nearly $9,000 for its services. For clients who have a mortgage on their time share for more than $30,000, Reed Hein charges up to 30 percent of the mortgage.
About 32,000 people have contracted with Reed Hein to get out of their time-share contracts, some with multiple timeshares. Of those, 2,500 or more are Washingtonians.
According to the Attorney General’s Office (AGO), the lawsuit centers around one key issue: Reed Hein advertised a 100 percent money-back guarantee. In reality, the AGO maintains that many consumers have struggled to obtain refunds, and are still denied refunds even after the company has failed to deliver for years. Under the terms of Reed Hein’s guarantee, clients who are facing foreclosure are not entitled to their money back, because Reed Hein considers foreclosure a successful outcome — despite the potential damage to the customer’s credit. In the lawsuit, the AGO alleges that many customers are not aware of these conditions on the guarantee. The lawsuit contends this is unfair or deceptive.
Washington has strict rules for people who offer to manage or adjust consumer debt. Reed Hein was not following them, despite contracting with people to get out of mortgages.
In practice, according to the AGO, Reed Hein regularly denies refunds. Reed Hein’s position is that anything that terminates the customer’s timeshare ownership is an “exit” in satisfaction of the guarantee, meaning that Reed Hein is not obligated to provide a refund — even if that “exit” is the resort foreclosing on the customer, or the customer finding some way out of the contract on their own. For years, Reed Hein also interpreted their guarantee to mean that no refunds were owed so long as the company said they still were working on the case; the newest version of the guarantee states that customers are only eligible for refunds after three years.
Ferguson’s lawsuit asks the court to order Convergent to return to consumers, in Washington and nationwide, all revenue it collected on time-barred debts after sending the “settlement offer” collection letters.
By. Christine Clarridge. Seattle Times staff reporter. Washington state Attorney General Bob Ferguson filed a consumer-protection lawsuit against a Renton-based collection agency that he says tried to scare people into thinking they could be sued over old debt.
Convergent is a Renton-based collection agency with about 700 employees and $80 million in annual revenues that collects for debt buyers as well as major corporations around the country, including Verizon and PayPal , according to a statement on the lawsuit from the Attorney General’s Office.
The suit alleges that Convergent violated the Consumer Protection Act and the Collection Agency Act when it sent 75,466 deceptive “settlement offer” letters to Washington consumers between January 2013 to February 2015.
In September 2016, a panel of federal judges in the U.S. Court of Appeals for the Fifth Circuit ruled in another case — an individual consumer’s lawsuit against Convergent — that these letters from Convergent could deceive debtors into believing they could be sued on the debt.
The judges’ ruling states, “While it is not automatically unlawful for a debt collector to seek payment of a time-barred debt, a collection letter violates the [Fair Debt Collection Practices Act] when its statements could mislead an unsophisticated consumer to believe that her time-barred debt is legally enforceable, regardless of whether litigation is threatened.”
The Washington State Supreme Court agreed with Ferguson in its 2017 ruling on the case, writing at that time: “The State of Washington bars discrimination in public accommodations on the basis of sexual orientation. Discrimination based on same-sex marriage constitutes discrimination on the basis of sexual orientation.
Ingersoll and Freed filed their own lawsuit against the defendants on April 18, which the trial court consolidated with the state’s case on July 24.
Later that month, the Attorney General’s Office sent a letter to Stutzman asking her to comply with Washington law, which prohibits businesses from discriminating on the basis of sexual orientation.
The court again found that Arlene’s Flowers violated Washington’s Consumer Protection Act and the Washington Law Against Discrimination (WLAD) by refusing to serve a same-sex couple seeking to buy wedding flowers in 2013.
Washington’s Attorney General serves the people and the state of Washington. As the state’s largest law firm, the Attorney General’s Office provides legal representation to every state agency, board, and commission in Washington. Additionally, the Office serves the people directly by enforcing consumer protection, civil rights, ...
After the state Supreme Court affirmed its earlier decision, Arlene’s Flowers again petitioned the U.S. Supreme Court to review the case.
The defendants appealed the decision to the United States Supreme Court. On June 4, 2018, the U.S. Supreme Court issued a ruling in a separate case, Masterpiece Cakeshop v. Colorado Civil Rights Commission.
OLYMPIA — Attorney General Bob Ferguson today filed a multi-million dollar consumer protection lawsuit against ride sharing company Uber, alleging thousands of violations of the state’s data breach notification law. Uber discovered a data breach potentially affecting 57 million passengers and drivers around the world, including the names and driver’s license numbers of at least 10,888 Uber drivers in Washington.
Uber notified the Attorney General’s Office of the breach Nov. 21, 2017, roughly 372 days after it discovered the breach. Rather than reporting the breach as required by law, the company has admitted to paying the hackers to destroy the stolen data.