Phillips & Garcia , LLP - Class Actions Summary

We are actively pursuing similar cases. Contact us if you have a similar problem.

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Insurance Bad Faith, Overtime Wage Violations, Unfair Business Practices
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Managed Care Contract Abuse
Attorney Referrals Page

Credit Card Company Overcharges, Rip-offs and Overreaching

Illegally Collecting Debts Discharged in Bankruptcy
National consumer class action settlements against credit card banks and department stores for collecting credit card debts discharged in bankruptcy.

$6 million settlement — LaMontagne v. Hurley State Bank, et al., C.A. No. 97-30093-MAP (W.D. Mass. 1999)

$100 million settlement — In Re General Electric Capital Corp. Bankruptcy Debtor Reaffirmation Agreements Litigation, MDL NO. 1192 (N.D. Ill 1998)(co-class counsel with several plaintiff’s firms)

$10 million settlement — Lafromboise v. Greenwood Trust Company and Novus Services, Inc., C.A. No. 97-30091-MAP (W.D. Mass. 1998)

$5 million settlement — Hurst v. Federated Department Stores, Inc., (D. Mass. 1998)(co-class counsel with one other firm)

Illegally Mailing Unsolicited Credit Cards to Consumers
Mailing of credit cards to consumers who had not requested cards in express violation of federal law.

$500,000 national class action settlement — Kopach v. First USA Bank, C.A. No. 98 C 8238 (N.D. Ill. 1999)(settlement was for the statutory cap; co-counsel with one other firm)

Packing Credit Card Statements With Fictitious Charges
Packing credit card statements with various late fees, "over limit" fees, insurance charges, etc. in breach of the card member agreement and UDAP statutes.

In Re: Providian Financial Corp. Credit Card Terms Litigation, MDL Docket No. 1301: Phillips v. Providian Bancorp Services, et al (D. Mass. 1999) — Providian packed credit card statements with various fictitious and unauthorized charges resulting in a nationwide probe of the company. Our firm filed the lead case in Massachusetts which was consolidated into the national Multi-District Litigation in Pennsylvania. We are one of several firms on the plaintiffs’ team helping with discovery in the case.

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Prescription Drug Overpayments

Charging Illegal Co-Pays for the Breast Cancer Treatment Drug Tamoxifen
We are pursuing cases where health insurers and prescription management companies mis-classify the breast cancer treatment drug tamoxifen, a generic drug, as a "brand name" or "preferred brand name" drug causing insureds to pay higher co-payments due to the mis-classification.

Morse v. PCS, Inc. and Banker’s Life Insurance Company, C.A. No. 99 C 0193 (N.D. Ill. 1999) — New Bedford, MA senior initiated a national Federal Court RICO class action against an insurance company and prescription benefit management company for charging illegal health insurance co-payments due to the wrongful designation of the generic breast cancer drug tamoxifen as a brand-name drug. The case has been certified as a national RICO class action and the parties' proposed class action settlement has been preliminarily approved by the court.

Page 2 - Insurance Bad Faith
Overtime Wage Violations
Unfair Business Acts & Practices

Page 3 - Managed Care Contract Abuse