TAMPA – A Weekie Wachee consumer has filed a class action over claims a debt collector failed to comply with a federal law.
Linda Riotto filed a complaint on behalf of herself and all similarly-situated individuals on March 29 in the Tampa Division of the Middle District of Florida against Wells Fargo Bank NA citing Real Estate Settlement Procedures Act and the Fair Debt Collection Practices Act.
According to the complaint, the plaintiff alleges that the defendant purchased her mortgage and her counsel sent the defendant a qualified written request in an attempt to obtain a loan modification. The suit states the defendant failed to respond to the request and also failed to inform the plaintiff whether her loss mitigation application was complete within the timeline specified by the RESPA.
The plaintiff requests a trial by jury and seeks judgment against defendant, certify action as a class action, statutory damages, declaratory judgment, costs, attorneys' fees and further relief as the court deems just. She is represented by Luis A. Cabassa and Brandon J. Hill of Wenzel Fenton Cabassa PA in Tampa.
Tampa Division of the Middle District of Florida Case number 8:17-cv-00748