Recent Posts in Class Actions Category

Class Action Proceeds Against Fein, Such & Crane, LLP

A class action was started against a law firm, Fein, Such & Crane, LLP, for allegedly charging fees not authorized by agreement or law. The fees at issue were litigation costs connected to ...
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Account Numbers on Envelopes Doesn't Violate FDCPA, Holds Two Federal Judges

Although the Fair Debt Collection Practices Act (FDCPA) is broadly applied, visible account numbers through envelope windows do not violate the law, holds two federal judges. The twin rulings appeared ...
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Debt Collector Sue you in the Wrong County? Your Statute of Limitations to Retaliate.

Consumers generally have one year in which to sue a debt collector for violating the Fair Debt Collection Practices Act (FDCPA). Courts are generally strict in enforcing the one-year time limitation ...
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LVNV Funding, LLC and Resurgent Capital Sued for Misidentifying Actual Owner of Debt and Improperly Shifting Court Costs to Consumers

Many original creditors write off bad debts and sell them to third party debt collectors who use aggressive, and sometimes unlawful, practices to collect those debts in violation of the Fair Debt ...
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Asset Acceptance Found Liable under FDCPA for Improperly Collecting Pre-judgment Interest

A hot issue in debt-collection litigation is whether debt buyers can charge pre-judgment interest. The answer depends upon the facts of your case, but it seems difficult for debt buyers to argue that ...
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NYC regulation of process servers upheld despite constitutional challenges

Process servers will remain obligated to comply with Administrative City Code § 20, a New York City law that governs the licensing and behavioral conduct of process servers. This decision [1] ...
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Secondary Debt collectors Must Comply with Initial Notice Requirements, holds NY Federal Judge

An article [1] in Today's New York Law Journal discussed Tocco v. Real Time Resolutions [2] that decided an issue dividing the courts: whether subsequent debt collectors are obligated to comply ...
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Court broadened potential liability for debt collection activity

A loan servicer's disclosure of information to a company it hired to probe into a debtor's assets was deemed a "communication" under the Fair Debt Collection Practices Act. Two core ...
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Class Action brought against Forster & Garbus for citing creditor as "NCOP XI, LLC A/P/O Capital One."

A federal judge green-lighted a class action lawsuit that accused Forster & Garbus, LLP and NCOP XI, LLC of acting deceptively by citing a creditor's name as "NCOP XI, LLC A/P/O Capital ...
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Class Action Proceeds against Bank of America for Violations of Exempt Income Protection Act

Finally, a bank may be answerable for ignoring rules to protect New Yorkers' exempt money from seizure by judgment creditors. After three federal cases denied a private right of action against ...
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Class action against LVNV Funding, Resurgent, and Mel S. Harris Survives Dismissal Motion

In Fritz v. Resurgent Capital Services, LP, [1] the plaintiffs in a class action assert claims against Resurgent Capital Services, LP, LVNV Funding, and Mel Harris, et al. for alleged violations of ...
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FDCPA Class Action Against Erin Capital Management for Lack of Licensure

The proposed class-plaintiffs in Collins v. Erin Capital Management, LLC [1] allege that Erin Capital violated the Fair Debt Collection Practices Act ("FDCPA") for suing Florida consumers ...
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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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Capital One in Cross Hairs; Cohen & Slamowitz also Named as Defendant

According to a recent report by ABC News, New York City attorney Shimshon Wexler has filed a class action case against Capital One Bank in the U.S. District Court for the Southern District of New York ...
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Class Action Proceeds against Student Loan Collector for its Premature Assertion in Collection Letters: "Account Ineligible for Discharge"

The Second Circuit Court of Appeals held in Easterling v. Collecto, Inc. [1] that student loan debt collector Collecto violated the Fair Debt Collection Practices Act ("FDCPA") by sending ...
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Single Ad in USA Today Not Enough to give Notice to Absent Class Member

In Hecht v. United Collection Bureau, Inc. [1] a recent case from the Second Circuit Court of Appeals, the plaintiff, Ms. Hecht, appealed from a judgment of the U.S. District Court for the District of ...
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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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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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Maryland District Court held that forged signatures on foreclosure documents were not "materially" related to debt, thus non-actionable under FDCPA

We have written a fair amount here about the problem of robo-signed affidavits in debt collection cases (see, for instance, Judge Dismisses American Express Complaint After Finding Robo-Testimony; ...
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Class action accuses Cohen & Slamowitz of vouching for falsified affidavits of service

Cohen & Slamowitz, LLC, a New York, high-volume debt collection law firm was sued for knowingly using falsified affidavits of service after it had been made aware that a particular process serving ...
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Class action accuses Mel S. Harris of "massive scheme" of using falsified affidavits of service

In a major victory for consumers, Judge Chin denied a motion to dismiss, setting the stage for a case that alleges a massive scheme to fraudulently obtain default judgments to proceed in the Southern ...
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