Blog Posts in 2012

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FDCPA Encourages Private Attorneys to Pursue Class Actions

In our previous blog, we discussed the recently decided Evon case, which held that collection letters sent to consumers' workplaces amounted to "per se" (automatic) violations of § ...
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Debt Collection Letters Sent to Consumers' Employers Violate FDCPA, holds U.S. Court of Appeals; Class Action is Reinstated Against Collection Law Firm.

The 9 th Circuit of Appeals [1] ruled that sending a collection letter to a consumer at her workplace, addressed "personal and confidential," "in care of" her employer was an ...
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Debt Collector Placing False Information on your Credit Report? Punitive Damages May be Available under the Fair Credit Reporting Act.

We know that a debt collector's communication of false information to the credit bureaus is a violation of the Fair Debt Collection Practices Act § 1692e(8). But your monetary recovery is ...
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The Langel Firm preparing to launch TCPA case against Capital One

At issue are 53 pre-recorded, vague, unsolicited voicemails left on our client's cell phone from July 2010 to March 2011 by Capital One. The Langel Firm will allege that Capital One violated the ...
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Failing to record assignment of judgment not violation of FDCPA, holds Federal Court

In a recent case, Musah v Houslanger & Associates, PLLC, [1] the Federal District Court for the Southern District of New York ruled that an assignment of a judgment to a debt buyer was valid even ...
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Debt Collector Tactics When Collecting Old Debt

What do debt collectors consider when making the decision whether to pursue consumers for old debt? An article in Collections and Credit Risk, "New Ideas for Tracking Old (and New) Debts," ...
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$14,500 Cavalry Portfolio Judgment Vacated; Schachter Portnoy Acquiesces to Dismissal of its Debt Buyer Lawsuit

Our client was sued at an address in a county where he had not resided for 17 years. Obsolete is an understatement. Consequently, he defaulted and needed to hire us to quickly stop a garnishment and ...
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Western District Rules Statement in Summons is False but Not Material and Thus Does Not Violate FDCPA

A debt collector sued a consumer in a state court proceeding. The summons served on the consumer stated, "If you do not respond to the attached Complaint within the applicable time limitation ...
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Oversight of Debt Collectors by CFPB to Start on January 2, 2013

Beginning on January 2, 2013, supervision over debt collection agencies will fall under the auspices of the Consumer Financial Protection Board (CFPB), the pro-consumer agency that was established as ...
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The Langel Firm Sues Kavulich & Associates, P.C. for Taking Wrong Man's Money

A collection attorney who mistakes a consumer's identity, sues him, and then takes his money through a bank levy could conceivably plead the bona fide error defense. (assuming quick, corrective ...
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The law against "champerty" and its implications to debt buyers.

Champerty is an age-old legal doctrine, codified in New York State by New York Judiciary Law § 489, that in very general terms prohibits agreements to purchase legal claims with the intent to sue ...
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Are they "Trick Questions" or Valid Inquires? Debt Collectors Beware!

In a recent audio blog post on insideARM.com titled Do Consumers Really "Trick" Debt Collectors Into FDCPA Violations, two attorneys argued that some questions are designed to ...
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The Langel Firm Sues Rubin & Rothman for Garnishing Wages of Out-of-State Consumer

This case [1] represents a recurring pattern in debt collection lawsuits: our client was sued in a county in which he never lived, has since moved to another state, and is suffering a wage garnishment ...
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The Langel Firm Takes Action Against Cohen & Slamowitz for FDCPA Violations

The factual allegations of this case [1] include demanding conflicting debt amounts, inconsistent interest accrual amounts, deceptive representations as to a "settlement," and the improper ...
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New York Federal Judge Strikes Down NYC Regulation of Collection Attorneys

Amid an aggressive challenge by Lacy Katzen, LLP and Eric Berman, P.C., Eastern District Judge Eric Vitaliano has ruled that NYC's Local Law 15 (2009) trespasses on the state's oversight of ...
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Langel Firm Sues Cohen & Slamowitz, LLP for Pattern of Deceptive, Misleading Communications

The firm recently filed suit against Cohen & Slamowitz, LLP in Federal District Court for the Southern District of New York, [1] alleging a pattern of false, deceptive and misleading ...
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The Langel Firm Sues Mel Harris & Associates for Collection Letter that Misrepresents Status of Debt and Makes False Legal Threats

A consumer who had settled a debt with Mel S. Harris and Associates LLC, was making payments pursuant to the settlement agreement, and had no missed or late payments, came to us when she received a ...
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American Express must pay $112 Million in Penalties

Four separate federal enforcement agencies working together have concluded that American Express committed a host of compliance violations, going all the way back to 2003. The Consumer Financial ...
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Capital One in Cross Hairs; Cohen & Slamowitz also Named as Defendant

According to a recent report by ABC News, New York City attorney Shimshon Wexler has filed a class action case against Capital One Bank in the U.S. District Court for the Southern District of New York ...
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AG's Office Looks into Robo-Signing at JPMorgan Chase

The attorney general's office for the State of Mississippi has begun an investigation into allegations of "robo-signing [1] " in connection with credit card collection procedures at ...
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The Langel Firm Files Suit against Eltman, Eltman & Cooper for its Use of Deceptive "Asset Investigation Letter"

The Langel Firm recently sued [1] Eltman, Eltman & Cooper for violating the Fair Debt Collection Practices Act ("FDCPA") for its use of an "Asset Investigation Letter" as a ...
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Zwicker & Associates Case Dismissed for its Failure to Produce Process Server at Traverse Hearing

In a shocking display of blind adherence to phony affidavits of service, Zwicker & Associates ran out of arguments today when its case was thrown out by Judge Velasquez of Queens Civil Court. The ...
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The Langel Firm Quickly Causes Voluntary Dismissal of Chase/Troy Capital Debt Lawsuit Raising Statute of Limitations

Our client was sued [1] for an alleged Chase debt with a default date of no later than August of 2007. Our firm quickly moved to dismiss the case under Portfolio v. King (Court of Appeals) arguing ...
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The Langel Firm Sues CK Marketing, Inc. (Payday Online) for Usury and Collection Abuse

In a case we filed in the Eastern District, NY on Friday, September 14, 2012, the complaint alleges that "CK Marketing, Inc." essentially operated as a guise to enforce and collect on a ...
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Debt collector, Diversified Consultants, Inc., held Not Liable Under FDCPA for 38 Phone Calls Made in a 3-month Time Span

To reiterate, it is just as important to see why fair debt collection cases fail as it is to see why they succeed. This blog summarizes a Northern District, NY decision [1] that dismissed a case ...
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