Blog Posts in December, 2012

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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