Back in November 2018, Delivery Financial Services, LLC, filed a lawsuit against Lemberg Law for publishing allegedly libelous statements or, at the very least, negligent misrepresentations on its website. On August 27, 2019, the District of Arizona denied Lemberg Law’s motion to dismiss the claims.
According to the complaint, Lemberg Law “intentionally and recklessly states over the Internet that Plaintiff is engaged in illegal activity. Defendant has no factual basis to support its statements and makes these statements for the purpose of recruiting clients for a fee.” Some of the alleged libel from the website include:
- “Lemberg Law represents consumers nationwide in debt collection abuse, telephone harassment, lemon law, auto fraud, personal injury, wage overtime and class action cases.”
- “Scary Harrassment from 602-490-3955 / 6024903955 Is NOT forever.”
- “Delivery Financial Services may be harassing illegally. Sue for $500-$1,500 per call from 602-490-3955.”
- “Question: I have exhausted every thing I have from messing with Delivery Financial Services and I’m at the end of my rope. Please let me know your staff can help.
Answer: Hi, you have located the right people. My team perseveres every single day to ease the strain of third party debt collectors who are shirking the state and federal regulations which stops them from harassing honest people like you.”
- “Let’s have a look at this example: a woman is planning to take her daughter out to look for a dress on a Saturday morning. She sets the alarm for 8:30 but her phone rings at 7:30. It’s a bill collection agency inquiring about a medical bill from her daughter’s emergency appendectomy (sic) couple years ago. She hangs up the phone call and the moment she was about to fall back to sleep they call once again. This time around, she tells them she doesn’t have $15,000 to pay the debt. She gets up with effort and starts getting ready for the trip to the store. On Sunday, she sets her alarm clock for 9:00 so she can be at services by 10:15. This time, the mobile phone rings at 6:45 and it’s the same the same (sic) representative. Delivery Financial Services likely is going against the FDCPA because debt collectors can only phone between 8:00 a.m. and 9:00 p.m. in your time zone.”
In the order on Lemberg Law’s motion to dismiss, the court found that Delivery Financial Services sufficiently stated a claim for the case to continue. There was some procedural back-and-forth about whether Delivery Financial Services sufficiently supported its bid for diversity jurisdiction to allow a federal court to hear the case, but the order states that the amended complaint resolved this issue.
On September 6, 2019, Lemberg Law filed an answer to the amended complaint denying any allegations of wrongdoing.