New York City Debt Collection Defense Attorney

Blog Posts in May, 2012

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  • 8th Circuit Rejects FDCPA Claim over Collection Lawyer's alleged misrepresentations in a State-Court Collection Lawsuit
    8th Circuit Rejects FDCPA Claim over Collection Lawyer's alleged misrepresentations in a State-Court Collection Lawsuit

    The lesson in Hemmingsen v. Messerli & Kramer, P.A. [1] is that collection lawyers are afforded leeway to bring cases, make allegations – and lose – without violating the FDCPA. A blanket rule ...

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  • Malen & Associates Loses Bid to Limit Portfolio Recovery v King to Post-2010 Cases
    Malen & Associates Loses Bid to Limit Portfolio Recovery v King to Post-2010 Cases

    As we reported in Making Statutes of Limitations Work for You, Portfolio Recovery Assoc. v. King, a 2010 New York Court of Appeals decision, sent ripples through the debt collection industry because ...

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  • Maryland District Court held that forged signatures on foreclosure documents were not "materially" related to debt, thus non-actionable under FDCPA
    Maryland District Court held that forged signatures on foreclosure documents were not "materially" related to debt, thus non-actionable under FDCPA

    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 ; ...

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  • The Langel Firm secures $8,197 default judgment against Sieger Ross & Aguire, LLC for telephone harassment under FDCPA. State law theories of liability discussed.
    The Langel Firm secures $8,197 default judgment against Sieger Ross & Aguire, LLC for telephone harassment under FDCPA. State law theories of liability discussed.

    This blog entry, and the case [1] it is premised upon, is important because it demonstrates that even a solid FDCPA case may fall short of satisfying all elements of concomitant state law theories. ...

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  • Judge Straniere declares that deceptive and improper litigation practices doomed case by Centurion Capital, Wolpoff & Abramson, Mann Bracken, and Fulton Friedman & Gullace
    Judge Straniere declares that deceptive and improper litigation practices doomed case by Centurion Capital, Wolpoff & Abramson, Mann Bracken, and Fulton Friedman & Gullace

    Finally a judge scrutinizes and decries the blatant defects of a debt buyer's lawsuit wherein it attempted to enforce a judgment without proving that it had been validly assigned, and without proving ...

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  • Study finds more than half of all who complained to FTC of credit reporting errors were unable to persuade credit agencies to correct the mistakes
    Study finds more than half of all who complained to FTC of credit reporting errors were unable to persuade credit agencies to correct the mistakes

    Ohio newspaper The Columbus Dispatch has just published, in a four-day series, the results of its year-long investigation of complaints against the three major credit-reporting agencies in the US – ...

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