Chicago, IL -- (INTERNET WIRE) -- 02/04/2000
The Langone
Law Firm filed a class-action lawsuit against H & R Block
Tax Services, Inc., and 10 affiliated financial institutions
alleging that these entities conspired to illegally and
deceptively collect debts from consumers through the use of
Refund Anticipation Loans.
According to the complaint, the facts are as follows: on
February 1, 1999, Roy D. Carbajal, Jr. went to H & R Block
Tax Services to apply for a Refund Anticipation Loan, ("RAL"),
also known as a "rapid refund." Although Carbajal’s
application for the RAL was denied, H & R Block still
processed Carbajal’s tax return and received his refund.
But H & R Block did not give the entire refund to
Carbajal. Instead, it first paid one of the affiliated financial
institutions approximately $1,500 for a debt allegedly owed by
Carbajal. Only after H & R Block ensured that Carbajal did
not owe any more money to any of the affiliated financial
institutions did it give Carbajal the remainder of his tax
refund. "This practice is very deceptive and we believe it
violates several federal consumer-protection laws. The fact that
respected financial institutions would participate in such a
scheme is outrageous," says Chris Langone, one of Carbajal’s
attorneys.
Carbajal’s complaint alleges that the Defendants engage in
a scheme to deny consumers’ applications for RAL’s if it
appears that the consumer owes money to one of the affiliated
financial institutions. But H & R Block still processes and
receives the consumer’s refund. That way, even though the
consumer may dispute the debt or believe it is not owed at all,
Defendants can ensure that their alleged co-conspirators are
paid. "Consumers who are applying for rapid refunds should
be very careful to read all of the fine print and ask questions
about who will be receiving money from the tax refund before
signing anything," says Joel Dabisch, another of Carbajal’s
attorneys.
The lawsuit seeks money damages for all consumers who were
denied a RAL and who did not receive their full tax refund
because amounts were paid to the 10 affiliated financial
institutions. The affiliated financial institutions named in
Carbajal’s complaint include: Household International, Mellon
Bank (DE) N.A., Greenwood Trust, Bank One, Chemical Bank
Delaware, County Bank, River City Bank, First Security Bank,
Republic Bank, and Bank of Santa Barbara.