Blog Posts in August, 2012

Class Action Proceeds against Student Loan Collector for its Premature Assertion in Collection Letters: "Account Ineligible for Discharge"

The Second Circuit Court of Appeals held in Easterling v. Collecto, Inc. [1] that student loan debt collector Collecto violated the Fair Debt Collection Practices Act ("FDCPA") by sending ...
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"Rooker-Feldman" Doctrine does Not Bar Consumer's Claim that Druckman & Sinel Violated FDCPA When Attempting to Collect More Than Judgment Amount

Consumer collection law firm, Druckman & Sinel, LLP, attempted to add $35,409 in "fees and late charges" to a foreclosure judgment in a collection demand letter. After being sued for it ...
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Debt buyer, KMT Enterprises, fails to prove ownership of valid Chase credit card debt

Yesterday's New York Law Journal printed the Honorable J. Bluth's decision [1] denying KMT's motion for summary judgment because it failed to prove ownership of the particular account, and ...
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Plaintiff's claim that Cohen & Slamowitz violated FDCPA by repeatedly threatening to restrain bank account containing social security funds survives summary judgment

In this case, Henneberger v. Cohen & Slamowitz, LLP, 2010 WL 1405578 [W.D.N.Y. March 31, 2010, No. 07-CV-814 (SR)], the plaintiff Ms. Hennenberger, a senior citizen living on social security ...
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Single Ad in USA Today Not Enough to give Notice to Absent Class Member

In Hecht v. United Collection Bureau, Inc. [1] a recent case from the Second Circuit Court of Appeals, the plaintiff, Ms. Hecht, appealed from a judgment of the U.S. District Court for the District of ...
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Portfolio Recovery Associates May Not Send Consumers "Pre-Suit Packages," Says Court

In this case [1] , before the court on the plaintiff's motion for summary judgment for violations of the Fair Debt Collection Practices Act ("FDCPA"), debt buyer Portfolio Recovery ...
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Cohen & Slamowitz sued for misidentifying creditor and misrepresenting attorney involvement

Today we report on an interesting 2011 case from the Southern District of New York against Cohen & Slamowitz and various Midland entities which was before the court on a motion to dismiss. This ...
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