Blog Posts in July, 2012

Discover Bank Fails to Establish its Right to Collect Charged-off Debt

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 ...
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The Langel Firm sues Fulton Friedman & Gullace for bringing an unfair and deceptive debt collection lawsuit

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 ...
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Eastern District allows case for harassing phone calls to proceed against Midland

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 ...
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Citibank fails to show debtor retained account statements without objection; Appeals Court rejects its account stated claim

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 ...
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6th Circuit Court of Appeals Affirms Holding that WAMU's Attorneys Violated the FDCPA for Falsely Representing WAMU's Ownership of Mortgage

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, ...
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Bulk of FDCPA Class Action Claims against Mel S. Harris &Assoc. are Dismissed

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 ...
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Judge denies Chase Bank's request to serve alleged debtor through Facebook

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 ...
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LVNV Funding and Resurgent Capital Fined $1M for Violations of The FDCPA and other Collection Laws

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 ...
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