Blog Posts in July, 2012
Posted on Jul 24, 2012 By Jesse Langel
By decision dated July 17, 2012, Judge Ciaffa of Nassau District Court, New York rejected Discover Bank's attempt to collect on a charged-off debt. Judge Ciaffa denied Discover's motion for ...
Continue reading "Discover Bank Fails to Establish its Right to Collect Charged-off Debt" »
Posted on Jul 21, 2012 By Jesse Langel
M.N. v. Fulton, Friedman & Gullace, LLP, 12-cv-4710, (S.D.N.Y. 2012) Rochester-based Fulton Friedman & Gullace, LLP will now face a federal lawsuit in the Southern District of New York for ...
Continue reading "The Langel Firm sues Fulton Friedman & Gullace for bringing an unfair and deceptive debt collection lawsuit" »
Posted on Jul 20, 2012 By Langel Law Firm
In this case, [1] an individual, Robert Doyle, brought suit against Midland Credit Management after enduring between 22 and 28 automated telephone calls to his cell phone during the fall of 2011. And ...
Continue reading "Eastern District allows case for harassing phone calls to proceed against Midland" »
Posted on Jul 17, 2012 By Langel Law Firm
In this appellate case, the Appellate Division of the New York State Supreme Court: Second Judicial Department, reversed the lower court's grant of summary judgment to the plaintiff Citibank, and ...
Continue reading "Citibank fails to show debtor retained account statements without objection; Appeals Court rejects its account stated claim" »
Posted on Jul 9, 2012 By Jesse Langel
This case [1] affirms the prevailing rule that even compliance with state-court law or practice can be violative of the Fair Debt Collection Practices Act ("FDCPA"). A collection law firm, ...
Continue reading "6th Circuit Court of Appeals Affirms Holding that WAMU's Attorneys Violated the FDCPA for Falsely Representing WAMU's Ownership of Mortgage" »
Posted on Jul 7, 2012 By Jesse Langel, Esq.
In the strictly applied, technical world of FDCPA ("Fair Debt Collection Practices Act") litigation, it's just as important to see why claims fail. The FDCPA is a federal Act that ...
Continue reading "Bulk of FDCPA Class Action Claims against Mel S. Harris &Assoc. are Dismissed" »
Posted on Jul 5, 2012 By Langel Law Firm
This case began in state court, where Chase Bank (USA), N.A. brought a collections case against Lorri Fortunato, alleging she had defaulted on a Chase credit card account. Chase obtained a default ...
Continue reading "Judge denies Chase Bank's request to serve alleged debtor through Facebook" »
Posted on Jul 3, 2012 By
This office reports on significant creditor harassment/FDCPA cases from around the country; especially if they involve class actions and government-instituted actions alleging widespread misconduct ...
Continue reading "LVNV Funding and Resurgent Capital Fined $1M for Violations of The FDCPA and other Collection Laws" »