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Blog Posts in July, 2012

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  • Discover Bank Fails to Establish its Right to Collect Charged-off Debt
    Discover Bank Fails to Establish its Right to Collect Charged-off Debt

    By decision dated July 17, 2012, Judge Ciaffa of Nassau District Court, New York rejected Discover Bank's attempt to collect on a charged-off debt. Judge Ciaffa denied Discover's motion for Summary ...

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  • The Langel Firm sues Fulton Friedman & Gullace for bringing an unfair and deceptive debt collection lawsuit
    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 what I ...

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  • Eastern District allows case for harassing phone calls to proceed against Midland
    Eastern District allows case for harassing phone calls to proceed against Midland

    In this case, [1] an individual, Robert Doyle, brought suit against Midland Credit Management after enduring between 22 and 28 automated telephone calls to his cell phone during the fall of 2011. And ...

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  • Citibank fails to show debtor retained account statements without objection; Appeals Court rejects its account stated claim
    Citibank fails to show debtor retained account statements without objection; Appeals Court rejects its account stated claim

    In this appellate case, the Appellate Division of the New York State Supreme Court: Second Judicial Department, reversed the lower court's grant of summary judgment to the plaintiff Citibank, and ...

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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
    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, on behalf ...

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  • Bulk of FDCPA Class Action Claims against Mel S. Harris &Assoc. are Dismissed
    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 governs the conduct ...

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