Defending You Against
North Star Capital Acquisition, LLC

The Langel firm defends consumers against New York state court collection lawsuits brought by North Star Capital Acquisition, LLC. In appropriate cases, we will also sue North Star Capital Acquisition, LLC for violations of the Fair Debt Collection Practices Act, Fair Credit Reporting Act, and other applicable laws.

As of January 2013, North Star Capital Acquisition, LLC has filed at least 5,696 cases in Queens County alone. North Star Capital Acquisition, LLC is mainly represented by Sharinn & Lipshie, P.C., Malen & Associates, P.C., Kirschenbaum & Phillips, P.C., and Mel S. Harris & Associates, LLC.

North Star Capital Acquisition, LLC purchases defaulted consumer debt to collect and sue on them.

$9,716 Judgment Vacated and Voluntary Dismissed

NorthStar Capital Acquisitions, LLC, represented by Kirschenbaum & Philips, P.C., agreed to vacate (overturn) its own judgment of $9,716.97 entered in 2008 and drop its claim for the entire debt. We argued that the judgment was premised on a falsified affidavit of service while producing proof that the process server had his serving license revoked for misconduct. (NorthStar Capital Acquisitions, LLC v. K.H., #27363, NY Civil Court).

North Star Capital Acquisition, LLC's Motion for Summary Judgment Denied in District Court Due to Potentially Deceptive Documents

The district court in North Star Capital Acquisition, LLC v. Krig (M.D. Fla. 2009) denied North Star Capital Acquisition, LLC's motion for summary judgment, finding a genuine issue of material fact existed in regard to the deceptive nature of documents mailed to debtors.

North Star Capital Acquisition, LLC and Capital One Bank originally brought actions against debtors for alleged breach of contract. These debtors filed class action counterclaims against North Star Capital Acquisition, LLC and Capital One Bank, alleging violations of the Fair Debt Collection Practices Act. North Star Capital Acquisition, LLC moved for summary judgment on the merits of the FDCPA claims.

The class asserted that North Star Capital Acquisition, LLC violated the FDCPA in that it distributed written communications simulating or falsely representing itself to be a document authorized or approved by a court. Courts commonly analyze such false or misleading representations in light of whether the "least sophisticated consumer" would be deceived by the debt collection practice.

While attempting to collect its debts, North Star Capital Acquisition, LLC included a Letter and Stipulation with the summons and complaint. The Letter and Stipulation were given an "official imprimatur" that was not warranted. North Star Capital Acquisition, LLC's communications to the class of debtors reportedly caused apprehension amongst the debtors, making them feel as if they had no alternative but to agree to the Stipulation. Finding a genuine issue of fact as to whether the documents were deceptive to the least sophisticated consumer, the district court denied North Star Capital Acquisition, LLC's motion for summary judgment.

In 2011, a settlement in this case was approved by the district court, and the class was awarded the sum of $700,000.

Claims Dismissed Against North Star Capital Acquisition, LLC, Except for Debtor's Claim that The Collection of the Debt was Time-Barred

In Uche v. North Star Capital Acquisition, LLC (D. Neb. 2010), the district court dismissed plaintiff accountholder's various claims against North Star Capital Acquisition, LLC for violations of the Fair Debt Collection Practices Act, but permitted the parties to submit additional information regarding the issue of the time-barred debt.

The plaintiff accountholder claimed that North Star Capital Acquisition, LLC failed to adequately verify the debt. However, the district court agreed with other Circuit decisions stating that verification only requires a collector to confirm that a particular amount is actually being claimed, and not to vouch for the validity of the claim. It satisfied the court that North Star Capital Acquisition, LLC's counsel showed it was not attempting the collect the debt from the wrong person or attempting to collect debts that were already paid.

The court also dismissed the plaintiff's claim that inaccurate credit information was reported to credit reporting agencies, and that North Star Capital Acquisition, LLC falsely represented his debt to credit reporting agencies. However, North Star Capital Acquisition, LLC did not communicate any credit information to the credit reporting agencies, and was under no affirmative duty to disclose the consumer's dispute with the debt. It is only when a debt collector elects to communicate credit information about a consumer that it may not omit material information.

The plaintiff further claimed that the collection of the debt was time-barred. FDCPA violations occur when a debt collector attempts to collect on a time-barred debt that is otherwise valid. Nebraska law is unsettled regarding the timely nature of collections of third-party credit card debt, and the parties failed to address plaintiff's specific type of account and which statute of limitation would apply. Due to the ambiguous record before the court, the parties were instructed to submit information for the court's ultimate determination on the issue.

North Star Capital Acquisition, LLC Biographical Information

North Star Capital Acquisition, LLC is a foreign limited liability company incorporated in Minnesota and is principally located at 170 North Pointe Parkway, Suite 300, Amherst, New York 14228. It is licensed (#1247847) by the Department of Consumer Affairs to collect debts in the City of New York.

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