Q:         Do I have a claim against Lester E. Cox Medical Center?

A:          You have a claim against Lester E. Cox Medical Center (Cox Hospital) under the Fair Debt Collection Practices Act if you received a communication from Ozark Professional Collections, either by letter or telephone call, identifying it as a collection agency attempting to collect a debt on behalf of Cox.  Only communications received on or after August 11, 2002 provide the basis for a legal claim against Cox Hospital.

Q:         If I received more than one letter or telephone call from Ozark Professional Collections since August 11, 2002 does that means that I have more than one claim?

A:           Yes, each separate communication from Ozark Professional Collections within this time period attempting to collect a debt for Lester E. Cox Medical Center is a violation, which forms the basis of a separate claim. 

Q:         What is the value of each claim under the Fair Debt Collection Practices Act?

A:           The Fair Debt Collection Practices Act provides for statutory penalties of up to $1,000 per violation to be determined by the Court.  The Court may assess a penalty based upon any number of factors, including the nature of Lester E. Cox Medical Center’s conduct, whether it knew it was violating the Fair Debt Collection Practices Act, the number of violations, and the number of claims made as a result of these violations.  There is no way to predict how much the Court might award in any one case. 

Q:         How many people have received communications from Ozark Professional Collections since August 11, 2002 attempting to collect a debt on behalf of Cox?

A:           Only Lester E. Cox Medical Center knows the answer to this question, but based on our information and belief we estimate the number is well into the thousands.  However, it is unlikely that most of these individuals will make separate individual claims against Cox for violations of the Fair Debt Collection Practices Act. 

Q:         Is there any limitation on the number of claims that can be made against Lester E. Cox Medical Center or the amount that can be recovered from it?

A:           There is no limit on the number of claims that can be made, but the Fair Debt Collection Practices Act may cap or limit Lester E. Cox Medical Center’s liability to $500,000.00 in total for all violations of the Act. 

Q:          What is a class action? 

A:           A class action is a lawsuit authorized by the court under specific rules to resolve a number of claims at one time because this is more efficient than handling them individually.  However, in order to form a class a number of conditions must be met, the most important of which is a common issue raised by all class members.  If the Court finds that this and other factors have been met it can certify a lawsuit to proceed as a class action.  The attorneys who filed the class action are then authorized to represent the interests of all members in the class and work with class representatives who have been appointed to act for the entire group of people similarly situated.  The underlying lawsuit focuses on the same factual and legal issues, whether it proceeds on behalf of an individual plaintiff or all members of the certified class. 

Q:         Has a class action been certified in this case yet?

A:           No, because the plaintiffs are not yet ready to seek class certification from the court.  This lawsuit was recently filed on August 11, 2003 and the parties are in the process of filing various pleadings and obtaining necessary information to seek or oppose class certification.  Once both sides are in a position to proceed, plaintiffs will seek class certification, which the defendants may or may not oppose, after which the court will make its decision. 

Q:         How will I know if and when a class has been certified by the court?

A:           If the court certifies a class action, it usually requires that notice be given to class members of the certification, as well as the lawsuit if they are not aware of it.  This notice will typically provides other information regarding the legal claims made and class member’s rights and responsibilities.  It is to early to say if a notice will be required if this class is certificated and how that notice will be sent to class members. 

Q:         How did Lester E. Cox Medical Center violate the Fair Debt Collection Practices Act?           

A:           The Fair Debt Collection Practices Act requires that all debt collectors operate under their own name, or if they use a pseudonym, disclose their role in any communication with a debtor.  By attempting to collect debts under the registered fictitious name “Ozark Professional Collections,” without disclosing that this was not a separate collection agency but instead was a wholly owned division of Cox whose purpose was to collect debts, Cox violated the Act.  This was the holding of United States District Judge Dean Whipple in the Judgment he issued on August 5, 2003 in a separate case. 

Q:         Did Lester E. Cox Medical Center violate the Fair Debt Collection Practices Act in any other way?

A:           We do not know the answer to this question at the present time.  However, we have been told by various patients and debtors of other situations, which appear to be violations of the Fair Debt Collection Practices Act.  However, at present, these potential violations are not part of the Complaint we have filed in federal court, nor do we seek certification from the court to pursue any such claims for any potential class members. 

Q:         Why are you not pursing other violations of the Fair Debt Collection Practices Act in the class action?

A:          The Court has already determined that Lester E. Cox Medical Center’s efforts to collect debts under the pseudonym Ozark Professional Collections is a violation of the Fair Debt Collection Practices Act whereas we would have to prove any other violations alleged by patients and debtors who have contacted us.  Furthermore, we believe the number and nature of the violations referenced in our Complaint more than justify damages in excess of the $500,000.00 statutory cap.  Consequently, there is no need to dilute the class claims with other allegations, which may or may not be proven.

Q:         May I pursue other alleged violations of Fair Debt Collection Practices Act by Lester E. Cox Medical Center?

A:           Yes, you are always free to pursue any claims on your own or through another attorney.  However, we are interested in other violations of the Fair Debt Collection Practices Act and would like to talk to people with these claims.  But at present, we cannot commit to cases against Lester E. Cox Medical Center based on violations of the Fair Debt Collection Practices Act, other than those set forth in our Complaint.

Q:         Will it cost me anything to participate in the class action?

A:           The attorneys and their firms who have filed this class action will advance all costs necessary for its pursuit and any attorneys fees awarded will depend upon the result.  The Court will approve any attorney fees paid or costs reimbursed, again depending on the outcome.  Under the Fair Debt Collection Practices Act, the Court has the ability to award attorney fees in addition of the damages suffered by the class.  The Court also has the authority to order Cox to pay the costs of this litigation, if appropriate.  These fees and costs are not limited by the $500,000.00 statutory cap on plaintiffs’ damages.  If no recovery from Lester E. Cox Medical Center is made then no attorneys fees will be paid and no advanced costs reimbursed. 

Q:         How do I register to be a potential member of this class action if and when it is certified?

A:           All you need to do now is contact us by CLICKING HERE or going to the CONTACT US page on this website.  We will ask for some basic information such as your name, address, telephone number, e-mail address and account information with Cox Medical Center.  It also asks for the date of any communications with Ozark Professional Collections (OPC) and requests that you provide us with copies of all communications you have received from it on or after August 11, 2002, as well as any medical bills from Lester E. Cox Medical Center related to those collection efforts.  Please do not send originals, but retain them for future use. 

Q:         If I have any questions how do I contact you?

A:          The best way is to call us using our toll free number 1/800-444-7552.  We do not know how many people will try to contact us so we cannot anticipate the volume of calls we might receive or how long it will take us to answer them.  Consequently, we may need to return your telephone call if we are otherwise busy when you contact us.  We sincerely appreciate your patience in this regard.  You may also e-mail us at the following e-mail address:  info@springfieldhospitalclassaction.com or write us at the following address:

Springfield Hospital Class Action
c/o  Monsees, Miller, Mayer, Presley & Amick
1021 E. Walnut
Springfield, Missouri 65806-2301

See the Fair Debt Collection Practices Act for additional information. 

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