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Blog Posts in August, 2012

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  • Debt Buyer, Midland Funding, After Being Sued for Attempting to Collect Inflated Amounts, is Unable to Prove its Right to Enforce Citibank's Arbitration Clause
    Debt Buyer, Midland Funding, After Being Sued for Attempting to Collect Inflated Amounts, is Unable to Prove its Right to Enforce Citibank's Arbitration Clause

    In this case, [1] Midland Funding, LLC and its affiliate companies, were sued under the Fair Debt Collection Practices Act ("FDCPA") for sending a consumer "pre-legal" notifications and "discount ...

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  • Class Action Proceeds against Student Loan Collector for its Premature Assertion in Collection Letters: "Account Ineligible for Discharge"
    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 letters ...

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  • "Rooker-Feldman" Doctrine does Not Bar Consumer's Claim that Druckman & Sinel Violated FDCPA When Attempting to Collect More Than Judgment Amount
    "Rooker-Feldman" Doctrine does Not Bar Consumer's Claim that Druckman & Sinel Violated FDCPA When Attempting to Collect More Than Judgment Amount

    Consumer collection law firm, Druckman & Sinel, LLP, attempted to add $35,409 in "fees and late charges" to a foreclosure judgment in a collection demand letter. After being sued for it under the Fair ...

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  • Debt buyer, KMT Enterprises, fails to prove ownership of valid Chase credit card debt
    Debt buyer, KMT Enterprises, fails to prove ownership of valid Chase credit card debt

    Yesterday's New York Law Journal printed the Honorable J. Bluth's decision [1] denying KMT's motion for summary judgment because it failed to prove ownership of the particular account, and ...

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  • Plaintiff's claim that Cohen & Slamowitz violated FDCPA by repeatedly threatening to restrain bank account containing social security funds survives summary judgment
    Plaintiff's claim that Cohen & Slamowitz violated FDCPA by repeatedly threatening to restrain bank account containing social security funds survives summary judgment

    In this case, Henneberger v. Cohen & Slamowitz, LLP, 2010 WL 1405578 [W.D.N.Y. March 31, 2010, No. 07-CV-814 (SR)], the plaintiff Ms. Hennenberger, a senior citizen living on social security income, ...

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  • Single Ad in USA Today Not Enough to give Notice to Absent Class Member
    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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