Recent Posts in Collection Abuse Category
56 results found. Viewing page 1 of 3.
Go to page
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 Apr 16, 2013 By Melissa Flores, Esq.
The Langel Firm has recently been retained on several cases where consumers had been sued for the same debt twice. In one particular circumstance, our client had been sued without ever having been ...
Continue reading "Sued Twice for the Same Debt? Assert Your Rights Immediately!" »
Posted on Mar 27, 2013 By Melissa Flores, Esq.
In a decision issued on March 22, 2013 by Judge Michael A. Ciaffa in the First District Court of Nassau County, the Court held that where a debt buyer brings litigation to collect on an unpaid debt, ...
Continue reading "The Langel Firm Secures Another Victory for Consumers Under the GBL - Judge Declares Baseless Debt Buyer Litigation Activity by Midland Funding Can Be Deceptive Act and/or Practice" »
Posted on Mar 22, 2013 By Jesse Langel, Esq.
Today, we report on a New York appellate case, First New York Bank v. Alexander, [1] that affirms basic elements of NYCPLR § 211(b): acknowledging a debt in writing or making partial payment on a ...
Continue reading "Listing Judgment on Bankruptcy Petition could Renew Enforceability of Otherwise Time-Barred Judgment, holds New York Appeals Court" »
Posted on Feb 27, 2013 By Melissa Flores, Esq.
In a case decided in early February by the New York State Supreme Court in Queens County, the court held that a judgment creditor could not garnish HRA benefit checks that are ultimately received by ...
Continue reading "New York Supreme Court Rules HRA Welfare Payments Not Garnishable: Creditor Must Wait until Judgment Debtor Endorses Welfare Payments to Pursue Enforcement Remedies" »
Posted on Feb 8, 2013 By Jesse Langel, Esq.
With remarkable factual similarity to our I.B. (name protected for confidentiality) action against Pressler & Pressler, the same Southern District Court (New York) let collection firm Cohen & ...
Continue reading "Cohen & Slamowitz Sued under FDCPA for Pursuing Wrong Person for Debt" »
Posted on Jan 31, 2013 By Jesse Langel, Esq.
New York-based debt buyer, North Star Capital Acquisitions, failed to convince a federal court that its practice of sending consumers, with its initial complaint, a "Stipulation for Entry of ...
Continue reading "Class Action Accused North Star Capital Acquisition of Abusing Legal Process with Deceptive Stipulations Sent with Initial Complaints" »
Posted on Jan 31, 2013 By Jesse Langel, Esq.
In Purnell v. Arrow Financial Services, LLC (6 th Cir. 2008), Illinois-based debt buyer, Arrow Financial Services, was sued for continuing to furnish a disputed collection account to the credit ...
Continue reading "Debtor Sues Arrow Financial Services, LLC for Furnishing Negative Marks to Credit Bureaus without First Validating a Disputed Debt" »
Posted on Jan 25, 2013 By Melissa Flores, Esq.
In this day and age, just about everybody has a Facebook user page. If you're one of those people, you should be aware that debt collectors have taken their shady efforts to social media outlets ...
Continue reading "Facebook Users Beware! Debt Collectors Infiltrate Social Media" »
Posted on Jan 19, 2013 By Jesse Langel, Esa.
At The Langel Firm, we defend consumer debt lawsuits and bring separate federal lawsuits against those same collectors who violate the Fair Debt Collection Practices Act (FDCPA) within the context of ...
Continue reading "Metro Portfolios Escapes Liability for Suing on Time-Barred Claim Due to Debtor's Failure to Vacate Judgment" »
Posted on Jan 18, 2013 By Melissa Flores, Esq.
The Fair Debt Collection Practices Act (FDCPA) prohibits harassing and abusive conduct as well as false, deceptive, or misleading representations in connection with collection of a debt. If a debt ...
Continue reading "Debt Collectors Threatening You With Jail Time? You Have a Claim Under the FDCPA" »
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 Dec 30, 2012 By Jesse Langel, Esq.
We know that a debt collector's communication of false information to the credit bureaus is a violation of the Fair Debt Collection Practices Act § 1692e(8). But your monetary recovery is ...
Continue reading "Debt Collector Placing False Information on your Credit Report? Punitive Damages May be Available under the Fair Credit Reporting Act." »
Posted on Dec 5, 2012 By Sheril Stanford
A debt collector sued a consumer in a state court proceeding. The summons served on the consumer stated, "If you do not respond to the attached Complaint within the applicable time limitation ...
Continue reading "Western District Rules Statement in Summons is False but Not Material and Thus Does Not Violate FDCPA" »
Posted on Nov 20, 2012 By Sheril Stanford
Beginning on January 2, 2013, supervision over debt collection agencies will fall under the auspices of the Consumer Financial Protection Board (CFPB), the pro-consumer agency that was established as ...
Continue reading "Oversight of Debt Collectors by CFPB to Start on January 2, 2013" »
Posted on Nov 18, 2012 By Jesse Langel, Esq.
A collection attorney who mistakes a consumer's identity, sues him, and then takes his money through a bank levy could conceivably plead the bona fide error defense. (assuming quick, corrective ...
Continue reading "The Langel Firm Sues Kavulich & Associates, P.C. for Taking Wrong Man's Money" »
Posted on Nov 14, 2012 By Jesse Langel
Champerty is an age-old legal doctrine, codified in New York State by New York Judiciary Law § 489, that in very general terms prohibits agreements to purchase legal claims with the intent to sue ...
Continue reading "The law against "champerty" and its implications to debt buyers." »
Posted on Nov 14, 2012 By Jesse Langel
In a recent audio blog post on insideARM.com titled Do Consumers Really "Trick" Debt Collectors Into FDCPA Violations, two attorneys argued that some questions are designed to ...
Continue reading "Are they "Trick Questions" or Valid Inquires? Debt Collectors Beware!" »
Posted on Nov 12, 2012 By Jesse Langel, Esq.
This case [1] represents a recurring pattern in debt collection lawsuits: our client was sued in a county in which he never lived, has since moved to another state, and is suffering a wage garnishment ...
Continue reading "The Langel Firm Sues Rubin & Rothman for Garnishing Wages of Out-of-State Consumer" »
Posted on Oct 26, 2012 By Sheril Stanford
The firm recently filed suit against Cohen & Slamowitz, LLP in Federal District Court for the Southern District of New York, [1] alleging a pattern of false, deceptive and misleading ...
Continue reading "Langel Firm Sues Cohen & Slamowitz, LLP for Pattern of Deceptive, Misleading Communications" »
Posted on Oct 9, 2012 By Sheril Stanford
Four separate federal enforcement agencies working together have concluded that American Express committed a host of compliance violations, going all the way back to 2003. The Consumer Financial ...
Continue reading "American Express must pay $112 Million in Penalties" »
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 19, 2012 By Langel Law Firm
In a shocking display of blind adherence to phony affidavits of service, Zwicker & Associates ran out of arguments today when its case was thrown out by Judge Velasquez of Queens Civil Court. The ...
Continue reading "Zwicker & Associates Case Dismissed for its Failure to Produce Process Server at Traverse Hearing" »
Posted on Sep 15, 2012 By Langel Law Firm
In a case we filed in the Eastern District, NY on Friday, September 14, 2012, the complaint alleges that "CK Marketing, Inc." essentially operated as a guise to enforce and collect on a ...
Continue reading "The Langel Firm Sues CK Marketing, Inc. (Payday Online) for Usury and Collection Abuse" »
Posted on Sep 11, 2012 By Sheril Stanford
The federal class action brought by four individuals against law firm Mel S. Harris and Associates, debt buyer Leucadia (and several of its LR Credit subsidiaries), process serving company Samserv and ...
Continue reading "Court Grants Class Certification in Sykes v. Mel Harris; Federal Case Alleging Harris Schemed with Debt Buyer LR Credit and Process Server Samserv Moves Forward" »
56 results found. Viewing page 1 of 3.
Go to page