Blog Posts in June, 2012
Posted on Jun 28, 2012 By Sheril Stanford
In a decision dated June 19, 2012, the United States District Court for the Western District of New York granted consumer plaintiff, Michael Hallmark, leave to amend a complaint he had filed in ...
Continue reading "Federal court grants consumer's request to amend complaint against Cohen & Slamowitz and Midland Funding; allows additional claim and opportunity to convert case to class action" »
Posted on Jun 28, 2012 By Sheril Stanford
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 ...
Continue reading "U.S. Supreme Court to Hear Case Regarding FDCPA's Fee Shifting Provision" »
Posted on Jun 25, 2012 By Jesse Langel, Esq.
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 ...
Continue reading "What constitutes a "dispute" sufficient to invoke your right to compel a creditor to notify the credit bureaus that a debt is indeed disputed?" »
Posted on Jun 24, 2012 By Sheril Stanford
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 ...
Continue reading "Tennessee Court of Appeals Rejects LVNV's Affidavits" »
Posted on Jun 22, 2012 By Sheril Stanford
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 ...
Continue reading "Cohen & Slamowitz loses attempt to wipe out consumer's actual damages via a "Rule 68" offer" »
Posted on Jun 16, 2012 By Sheril Stanford
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 ...
Continue reading "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" »
Posted on Jun 11, 2012 By Sheril Stanford
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, ...
Continue reading "Court Issues Biting Decision Against Rubin & Rothman, LVNV Funding; Fines Rubin & Rothman $10,000" »