Recent Posts in FDCPA/Harassment/Deception Category

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Debt Defense: Tips & Hacks 3 (Exempt Income Protection Act)

Last week included a lot of exemption-claim work. We are testing the limits of New York's "bad faith" clause under CPLR § 5222-a(g) [1] to hold accountable a judgment creditor, its ...
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Debt Defense: Tips & Hacks 1

Our "Debt Defense: Tips & Hacks" series was inspired by our Facebook page that we're delighted to see obtain increased viewership. Our goal is to provide quick, useable, and current ...
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Consumers Beware! Scam Alert (Debt Consolidation, Payday Loans & Auto Title Loans)

When you fall on hard times and your bills pile up, you may become desperate to find some financial breathing room. Capitalizing on the vulnerable consumer buried in debt, there is no shortage of ...
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Is a Garnishment Considered a Legal Action Against The Debtor or The Garnishee for Purposes of FDCPA Liability?

The Fair Debt Collection Practices Act (FDCPA) restricts the location ("venue") where a debtor may be sued for a debt: Legal actions by debt collectors FDCPA § 1692i (a) Any debt ...
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New York "Sewer Service" and "Robo-signing" Case Finally Settles

The Sykes v. Mel Harris class action finally ends with the parties coming to a settlement. The story was on the front page of today's New York Law Journal. We've been reporting on this case ...
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Midland Funding Seeks U.S. Supreme Court Ruling Over Usury Issue

You may remember in Madden v. Midland Funding, LLC, the United States Court of Appeals ruled that Midland Funding, LLC a non-bank debt buyer, was unable to charge the same usurious rates of interest ...
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Class Action against Unifund CCR Partners Moves Forward

In Young v. Unifund CCR Partners, the consumer plaintiffs defeated Unifund's motion to dismiss by convincing a court that Unifund's arguable inability to prove custody of a debt as required ...
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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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Collector Induce you to Settle to Stop Legal Action... but Judgment Entered Anyway?

This situation is common. You agree to settle a collection lawsuit in exchange for a promise to stop the case. You pay as agreed, but then find yourself on the wrong end of a default judgment. The ...
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Debt-Collector Traps: Re-aging Debts on Credit Reports

Debt collectors (includes debt buyers) often furnish information to the credit bureaus. Below are two re-aging tactics to watch out for. Re-aging is when the collector misrepresents the time you ...
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The Langel Firm Wipes Out $16K Judgment by RAB Performance Recoveries

Another 2009 debt-buyer judgment emerges to garnish our client's wages. In this case, the debt buyer was RAB Performance Recoveries represented by Malen & Associates, P.C. A City Marshal ...
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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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The Langel Firm Overturns $38K Garnishment by LR Credit 4, LLC

Facing a $38,458 garnishment by Marshal Gregg E. Bienstock, our client felt as if he ran out of options. He even paid a couple thousand dollars toward the garnishment. But after exploring his rights ...
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The Langel Firm Wipes Out $30K Garnishment by Great Seneca Financial

Facing a $30,433 Garnishment Notice by Great Seneca Financial Corporation, we quickly filed court papers to attack the validity of the judgment and the validity of the plaintiff. In the action, Great ...
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Chase to Pay $166 Million to Settle Claims of Illegal Collection Practices

We defend collection lawsuits daily. We sue collectors and lawyers for violations of the Fair Debt Collection Practices Act. But even I'm surprised that JP Morgan Chase is ensnared in this case ...
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City Debt-Collection Laws Apply to Attorneys and Law Firms Performing Non-Legal Work

This blog entry answers the question left open in our last blog, " Do City Debt Regulation Apply to Lawyers. Issue Heats up in New York." New York's highest court, the Court of Appeals, ...
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Midland Funding, LLC Not Permitted to Violate Usury Laws Under National Bank Act

Usury is defined as an illegally high rate of interest. In New York, the civil usury rate is 16% [1] and the criminal usury rate is 25% [2] . Banks get around state usury laws through the National ...
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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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Military Personnel Given Extra Protection Against Default Judgments

If you've served our country at any time and find yourself of the wrong end on a frozen bank account, wage garnishment, or debt lawsuit, you should investigate your rights aimed at seeking extra ...
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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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Identity Theft and Debt Collection Remain Highest Source of Consumer Complaints

The Federal Trade Commission reported the top consumer complaints as Identity theft and with debt collection a close second. You can see that report here. The Consumer Financial Bureau Annual Report ...
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NY Consumer Permitted to sue LR Credit 22 after Settling Case

Consumers often settle debt-buyer lawsuits without a full understanding of their rights. Often, the settlement agreement contains overbroad release language promising not to sue the debt buyer or its ...
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The Langel Firm Compels Discontinuance of $37K Student Loan Case

United Guaranty Commercial Insurance Company of North Carolina faced stiff opposition when it sued a valued client of ours. Immediately, we challenged the capacity of this corporate entity, its right ...
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Consumer Credit Protection Act: The Langel Firm, Private Enforcer

Now's a good time for a bird's eye view of the Consumer Credit Protection Act, enacted in 1968, which contains a "package" of federal Acts that operate to protect consumers in the ...
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Debt Buyers using Confusing Names is a Hot Issue for The Langel Firm

We were busy in February 2015. Debt Buyers Using Confusing Names in Litigation We sued several creditors for continuing to use confusing names in court cases. We use recent precedent in Lee v. Forster ...
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