Blog Posts in June, 2012

U.S. Supreme Court to Hear Case Regarding FDCPA's Fee Shifting Provision

On May 29, 2012, the U.S. Supreme Court granted certiorari in Marx v. General Revenue Corporation, ___ F.3d ___, 2011 WL 6396478 (10th Cir. 2011), agreeing to hear argument on only one of two ...
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What constitutes a "dispute" sufficient to invoke your right to compel a creditor to notify the credit bureaus that a debt is indeed disputed?

Generally speaking, as a consumer debtor, you have a claim against any debt collector that knowingly communicates false information to the credit bureaus. But a debt collector has the additional ...
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Tennessee Court of Appeals Rejects LVNV's Affidavits

Stop us if you've heard this before…. In a Tennessee case, debt buyer LVNV Funding claimed it had purchased a Sears MasterCard credit card account, and was now trying to collect $15,101.23 ...
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Cohen & Slamowitz loses attempt to wipe out consumer's actual damages via a "Rule 68" offer

Summer has begun and the hot weather is here, so we thought we'd give you our version of "beach reading" – a summary of a decision from 2009 that, while a couple years old, still ...
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US Supreme Court Declines to Reconsider Tenth Circuit Ruling that Fax Sent by Debt Collector to Consumer's Employer is Not a "Communication" under the FDCPA

In a controversial decision, Marx v. General Revenue Corp. , ___ F.3d ___, 2011 WL 6396478 (10th Cir. 2011) (full text available here) the U.S. Court of Appeals for the Tenth Circuit in December 2011 ...
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Court Issues Biting Decision Against Rubin & Rothman, LVNV Funding; Fines Rubin & Rothman $10,000

Today we report on a biting decision from the City Court of Mount Vernon (New York), captioned LVNV Funding v Guest [1] . In this case, LVNV Funding, LLC (LVNV), represented by Rubin & Rothman, ...
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