Recent Posts in Class Actions Category
Posted on May 10, 2013 By Jesse Langel, Esq.
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 ...
Continue reading "FDCPA Class Action Against Erin Capital Management for Lack of Licensure" »
Posted on Dec 31, 2012 By Jesse Langel, Esq.
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 § ...
Continue reading "FDCPA Encourages Private Attorneys to Pursue Class Actions" »
Posted on Dec 31, 2012 By Jesse Langel, Esq.
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 ...
Continue reading "Debt Collection Letters Sent to Consumers' Employers Violate FDCPA, holds U.S. Court of Appeals; Class Action is Reinstated Against Collection Law Firm." »
Posted on Oct 3, 2012 By Sheril Stanford
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 ...
Continue reading "Capital One in Cross Hairs; Cohen & Slamowitz also Named as Defendant" »
Posted on Sep 9, 2012 By Jesse Lange
Facing a motion to compel production, collection law firm, Toback, Bernstein & Reiss, LLP, unsuccessfully argued that its retainer agreement with its client, Columbia University, is protected from ...
Continue reading "Debt Collector's Retainer Agreement with Columbia University is Deemed Relevant and not Protected by Attorney-Client privilege in FDCPA Action, holds New York Federal Judge" »
Posted on Aug 31, 2012 By Jesse Langel
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 ...
Continue reading "Class Action Proceeds against Student Loan Collector for its Premature Assertion in Collection Letters: "Account Ineligible for Discharge"" »
Posted on Aug 22, 2012 By Langel Law Firm
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 ...
Continue reading "Single Ad in USA Today Not Enough to give Notice to Absent Class Member" »
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 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 May 24, 2012 By Sheril Stanford
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; ...
Continue reading "Maryland District Court held that forged signatures on foreclosure documents were not "materially" related to debt, thus non-actionable under FDCPA" »
Posted on Apr 12, 2012 By Jesse Langel, Esq.
In Snyder v. U.S. Equities Corp. [1] , the plaintiffs' chief grievance was the defendants' repeated filing of falsified affidavits of service and related legal documents. The class plaintiffs ...
Continue reading "Class action accuses Linda Strumpf, Esq., and U.S. Equities for process server fraud, collection misconduct, and deceptive business practices" »
Posted on Apr 3, 2012 By Jesse Langel, Esq.
Mel Harris again found itself in the hot seat for its process serving practices following the widely known class action, Sykes v. Mel Harris & Assoc., in which it is targeted as a defendant in a ...
Continue reading "Key consumer law holdings arising from a recently decided FDCPA case against Mel Harris & Associates, LR Credit 10, LLC, and process server for allegedly conspiring to engage in "sewer service"" »
Posted on Nov 29, 2011 By Jesse Langel, Esq.
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 ...
Continue reading "Class action accuses Cohen & Slamowitz of vouching for falsified affidavits of service" »
Posted on Jan 13, 2011 By Sheril Stanford
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 ...
Continue reading "Class action accuses Mel S. Harris of "massive scheme" of using falsified affidavits of service" »