1) First of all, what is bonus depreciation? Designed to stimulate investment in business property (not land or buildings), the Internal Revenue Code, under the Tax Cuts and Jobs Act of 2017 (TCJA), ...
Read MoreI went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...
Read MoreThis is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...
Read MoreThis blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...
Read MoreAlso known as: The Pareto Principle The Principle of Least Effort The Principle of Imbalance The Law of the Vital Few and the Trivial Many The More with Less Principal The Rule The 80/20 Rule asserts ...
Read More1) Account Stated is a “cause of action.” What is a cause of action? A cause of action has two definitions: noun. A condition under which one party would be entitled to sue another. noun. A set of ...
Read MoreI went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...
Read MoreThis is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...
Read MoreThis blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...
Read MoreI went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...
Read MoreThis is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...
Read MoreThis blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...
Read MoreI went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...
Read MoreThis is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...
Read MoreThis blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...
Read More1) Account Stated is a “cause of action.” What is a cause of action? A cause of action has two definitions: noun. A condition under which one party would be entitled to sue another. noun. A set of ...
Read MoreOn May 22, 2009, President Barack Obama signed the Credit Card Accountability, Responsibility and Disclosure Act into law. Since then, consumers have saved over 12 billion dollars, below are five ways ...
Read MoreThe NY Attorney General published a press release listing the following top ten consumer frauds: Internet scams (i.e. privacy; consumer frauds) Automobile (i.e. buying; rental) Consumer-related ...
Read More1) Account Stated is a “cause of action.” What is a cause of action? A cause of action has two definitions: noun. A condition under which one party would be entitled to sue another. noun. A set of ...
Read MoreOn May 22, 2009, President Barack Obama signed the Credit Card Accountability, Responsibility and Disclosure Act into law. Since then, consumers have saved over 12 billion dollars, below are five ways ...
Read MoreThe NY Attorney General published a press release listing the following top ten consumer frauds: Internet scams (i.e. privacy; consumer frauds) Automobile (i.e. buying; rental) Consumer-related ...
Read MoreI went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...
Read MoreThis blog explores when and how companies must support (substantiate") their health-related advertising claims. How Scientific Studies are Used to Prove Health-Advertising Claims Science is a ...
Read MoreI went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...
Read MoreThis is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...
Read MoreThis blog explores when and how companies must support (substantiate") their health-related advertising claims. How Scientific Studies are Used to Prove Health-Advertising Claims Science is a ...
Read MoreIn 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 ...
Read MoreThe business of art is fertile grounds for the tax professional. Depending on the unique facts, a piece of art can never sell—or sell for millions of dollars. It can change hands once—or multiple ...
Read MoreThe below is a list of 50 clear violations of the Fair Debt Collection Practices Act. [1] Most of these are in the collection-litigation landscape. This list was first inspired by only one ...
Read MoreA hot issue in debt-collection litigation is whether debt buyers can charge pre-judgment interest. The answer depends upon the facts of your case, but it seems difficult for debt buyers to argue that ...
Read MoreDebt-buyer, Asset Acceptance, LLC, failed to "carry its evidentiary burden" to win a summary judgment motion involving an alleged Citibank credit card debt. A summary judgment motion is a written ...
Read MoreInspired from our business facebook page, we delightfully offer some points and rules to use in your collection defense. The New York City Civil Court system has been dubbed, "the credit card courts" ...
Read MoreAssertive Advocacy: My Approach to FDCPA and Consumer Rights As a dedicated collection-defense attorney, my approach is far from what you might call 'nitpicking' over FDCPA (Fair Debt Collection ...
Read MoreOn May 22, 2009, President Barack Obama signed the Credit Card Accountability, Responsibility and Disclosure Act into law. Since then, consumers have saved over 12 billion dollars, below are five ways ...
Read MoreIn Plummer v. Atlantic Credit & Finance, Inc., [1] the court upheld three general rules: Debt buyers are debt collectors. Buying and selling debts is considered debt collection activity covered under ...
Read MoreThe Eastern District of Michigan denied a motion to dismiss brought by the attorneys for Atlantic Credit & Finance, Inc. in Misleh v. Timothy E. Baxter & Associates (E.D. Mich. 2011). The plaintiff ...
Read MoreThis blog series focuses on tax audits of attorneys. Why? Because I'm an attorney, and am highly interested in how attorneys wind up in hot water with the IRS. Even though this series focuses on ...
Read MoreAttorneys practice their craft in a variety of ways. It’s their prerogative to charge clients and collect money as they see fit. They generally use the cash method of accounting, which means they ...
Read MoreBelow is a list of common tax mistakes by attorneys with respect to expense deductions. The blatant misuse of the below expenses could invite an unwanted tax audit. Claiming entertainment expenses ...
Read More1) Account Stated is a “cause of action.” What is a cause of action? A cause of action has two definitions: noun. A condition under which one party would be entitled to sue another. noun. A set of ...
Read MoreWe usually see CACH, LLC suing on delinquent consumer debts. But this Colorado debt buyer also sues on defaulted business accounts. But in order to hold an individual liable for a corporate ...
Read MoreRepresented by Daniels Norelli Scully & Cecere, P.C., debt-buyer, CACH, LLC, sued our client for an alleged Bank of America (FIA) credit-card debt. Although the amount at issue was small, the stakes ...
Read MoreIn the intricate dance of financial decision-making, our emotions often lead the way, sometimes guiding us towards prosperity but other times into pitfalls. This article dives deep into the world of ...
Read MoreI went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...
Read MoreThis is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...
Read MoreThis blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...
Read MoreThis blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...
Read More1) First of all, what is bonus depreciation? Designed to stimulate investment in business property (not land or buildings), the Internal Revenue Code, under the Tax Cuts and Jobs Act of 2017 (TCJA), ...
Read MoreThe business of art is fertile grounds for the tax professional. Depending on the unique facts, a piece of art can never sell—or sell for millions of dollars. It can change hands once—or multiple ...
Read MoreEmployment taxes are expensive. Payroll taxes are expensive. Withholding taxes is an administrative burden. All true. But I remember a wise tax lawyer once saying to a group of us, “if you can’t ...
Read MoreThe below is a list of 50 clear violations of the Fair Debt Collection Practices Act. [1] Most of these are in the collection-litigation landscape. This list was first inspired by only one ...
Read MoreWe usually see CACH, LLC suing on delinquent consumer debts. But this Colorado debt buyer also sues on defaulted business accounts. But in order to hold an individual liable for a corporate ...
Read MoreWe 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 ...
Read MoreWe 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 ...
Read MoreThe Civil Court of Kings County granted a defendant consumer's application to vacate a default judgment entered against her by CACV of Colorado, LLC, and then declined to put the parties back on their ...
Read MoreLast 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 lawyer, and Capital ...
Read MoreOn May 22, 2009, President Barack Obama signed the Credit Card Accountability, Responsibility and Disclosure Act into law. Since then, consumers have saved over 12 billion dollars, below are five ways ...
Read MoreThe NY Attorney General published a press release listing the following top ten consumer frauds: Internet scams (i.e. privacy; consumer frauds) Automobile (i.e. buying; rental) Consumer-related ...
Read MoreThe below is a list of 50 clear violations of the Fair Debt Collection Practices Act. [1] Most of these are in the collection-litigation landscape. This list was first inspired by only one ...
Read MoreEntering default judgments is big business in the court system. The vast majority of default judgments in credit-card lawsuits are entered by clerks without a judge's review. This mode of ...
Read MoreOur client was sued at an address in a county where he had not resided for 17 years. Obsolete is an understatement. Consequently, he defaulted and needed to hire us to quickly stop a garnishment and ...
Read More1) Account Stated is a “cause of action.” What is a cause of action? A cause of action has two definitions: noun. A condition under which one party would be entitled to sue another. noun. A set of ...
Read MoreIn 2015, Chase bank entered into a consent order in response to accusations from 47 Attorney Generals that Chase had committed several acts of systematic wrong-doing in its attempt to collect and sell ...
Read MoreOn May 22, 2009, President Barack Obama signed the Credit Card Accountability, Responsibility and Disclosure Act into law. Since then, consumers have saved over 12 billion dollars, below are five ways ...
Read MoreIf you have been served with a summons and complaint in New York City, you must respond to it in a timely manner to prevent a default judgment. This article arms you with the knowledge and practice to ...
Read More1) Account Stated is a “cause of action.” What is a cause of action? A cause of action has two definitions: noun. A condition under which one party would be entitled to sue another. noun. A set of ...
Read MoreOn May 22, 2009, President Barack Obama signed the Credit Card Accountability, Responsibility and Disclosure Act into law. Since then, consumers have saved over 12 billion dollars, below are five ways ...
Read MoreThe NY Attorney General published a press release listing the following top ten consumer frauds: Internet scams (i.e. privacy; consumer frauds) Automobile (i.e. buying; rental) Consumer-related ...
Read MoreThe Basic Rule: No Automatic Attorney's Fees In New York, attorney's fees are not typically recoverable damages unless there's a specific contractual agreement or statute. This is known as "the ...
Read MoreWhat Are Interrogatories in a Legal Context? Interrogatories are formal written questions that one party in a lawsuit can serve upon another party to obtain specific information relevant to the case. ...
Read MoreWhat is a Motion for Summary Judgment? A motion for summary judgment is a legal procedure that allows a party to a lawsuit to ask the court to decide the case in their favor without a trial. The ...
Read MoreEven with inflation and rising food costs, conscious consumers appear not to skimp on animal welfare. Nearly 60% of consumers in the US report that they’re concerned about animal welfare when it comes ...
Read MoreA 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 settlements ...
Read MoreAlthough 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 ...
Read MoreConsumers 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 ...
Read MoreFacing a "Motion for Summary Judgment" by Midland Funding, LLC ? If so, Midland Funding, LLC is seeking a judgment against you while dispensing the need for a trial. The evidence against you is being ...
Read MoreSuddenly your bank accounts are frozen. Your money in that account represents social security income, pension funds, unemployment checks, veteran benefits, worker's compensation, wages within last 60 ...
Read MoreThe Basic Rule: No Automatic Attorney's Fees In New York, attorney's fees are not typically recoverable damages unless there's a specific contractual agreement or statute. This is known as "the ...
Read MoreWhat is Inflation, and How is it Caused? Inflation can be simply understood as the rise in prices of goods and services over time, leading to a decrease in purchasing power of a currency. The root ...
Read MoreWhat Are Interrogatories in a Legal Context? Interrogatories are formal written questions that one party in a lawsuit can serve upon another party to obtain specific information relevant to the case. ...
Read MoreThe Basic Rule: No Automatic Attorney's Fees In New York, attorney's fees are not typically recoverable damages unless there's a specific contractual agreement or statute. This is known as "the ...
Read MoreIf you have been served with a summons and complaint in New York City, you must respond to it in a timely manner to prevent a default judgment. This article arms you with the knowledge and practice to ...
Read MoreWhat is Inflation, and How is it Caused? Inflation can be simply understood as the rise in prices of goods and services over time, leading to a decrease in purchasing power of a currency. The root ...
Read MoreThe Basic Rule: No Automatic Attorney's Fees In New York, attorney's fees are not typically recoverable damages unless there's a specific contractual agreement or statute. This is known as "the ...
Read MoreIf you have been served with a summons and complaint in New York City, you must respond to it in a timely manner to prevent a default judgment. This article arms you with the knowledge and practice to ...
Read MoreWhat is Inflation, and How is it Caused? Inflation can be simply understood as the rise in prices of goods and services over time, leading to a decrease in purchasing power of a currency. The root ...
Read MoreOur client received a Notice of Garnishment by Marshal Henry Daly in the amount of $4,105. We quickly intervened by pointing to alleged defects in the underlying debt, and alleged defects in the ...
Read MoreWe 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 ...
Read MoreA bank-account seizure would cripple anybody. Most consumers live out of their personal checking account. A debt-collection lawyer in possession of a judgment against you can easily find where you ...
Read MoreDealing with a collection agency to settle a debt? Here's a structured approach to ensure you make informed decisions: 1. Validate the Debt You Owe Upon initial contact, debt collectors are obligated ...
Read MoreWhat is the New York Consumer Credit Fairness Act? On November 8, 2021, New York State enacted the Consumer Credit Fairness Act (“CCFA”), which implements comprehensive changes to New York’s Civil ...
Read MoreOur last blog ( Can a Debt Buyer Authenticate a Creditor's Business Records? ) addressed the general rule that debt buyers often lack the personal knowledge to "lay a foundation" to admit the original ...
Read MoreThe Basic Rule: No Automatic Attorney's Fees In New York, attorney's fees are not typically recoverable damages unless there's a specific contractual agreement or statute. This is known as "the ...
Read MoreIf you have been served with a summons and complaint in New York City, you must respond to it in a timely manner to prevent a default judgment. This article arms you with the knowledge and practice to ...
Read MoreOur last blog ( Can a Debt Buyer Authenticate a Creditor's Business Records? ) addressed the general rule that debt buyers often lack the personal knowledge to "lay a foundation" to admit the original ...
Read MoreI went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...
Read MoreThis is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...
Read MoreThis blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...
Read MoreLegal Implications of Co-Signing a Loan A co-signer, or co-borrower, has equal responsibility with the primary borrower to repay the full amount of a loan. The lender can take legal action against one ...
Read MoreI went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...
Read MoreThis blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...
Read MoreHere are some key federal laws regulating food, beverages, dietary supplements, and cosmetics in the United States. Under each section are lists of the 10 most common products regulated under each ...
Read MoreThe Basic Rule: No Automatic Attorney's Fees In New York, attorney's fees are not typically recoverable damages unless there's a specific contractual agreement or statute. This is known as "the ...
Read MoreIf you have been served with a summons and complaint in New York City, you must respond to it in a timely manner to prevent a default judgment. This article arms you with the knowledge and practice to ...
Read MoreWhat is Inflation, and How is it Caused? Inflation can be simply understood as the rise in prices of goods and services over time, leading to a decrease in purchasing power of a currency. The root ...
Read MoreThe Langel Firm is a New York law firm practicing debt defense litigation. But we report on relevant cases all over the country. The case discussed below affirmed a North Carolina trial court's ...
Read MoreDealing with a collection agency to settle a debt? Here's a structured approach to ensure you make informed decisions: 1. Validate the Debt You Owe Upon initial contact, debt collectors are obligated ...
Read MoreIf you've received a letter with language similar or identical to the one below, you are being put on notice that your money is at risk of being seized by a judgment creditor. To satisfy due process ...
Read MoreBuilding upon yesterday's blog post " Need to Vacate a Default Judgment ?" this post discusses the time limits to do so. Understanding Time Limits for Challenging a Judgment When seeking to vacate a ...
Read More1) What is the statute of limitations? It’s the time period in which a plaintiff has the legal right to sue. It starts from the date of your missed minimum payment. If a collector sues within that ...
Read MoreDebts of Highest Priority Court Judgments : A judgment is a court order in favor of the creditor. Now as a “judgment creditor,” it can garnish your wages, freeze your bank accounts, and foreclose on ...
Read MoreOn May 22, 2009, President Barack Obama signed the Credit Card Accountability, Responsibility and Disclosure Act into law. Since then, consumers have saved over 12 billion dollars, below are five ways ...
Read MoreThe Basic Rule: No Automatic Attorney's Fees In New York, attorney's fees are not typically recoverable damages unless there's a specific contractual agreement or statute. This is known as "the ...
Read MoreIf you have been served with a summons and complaint in New York City, you must respond to it in a timely manner to prevent a default judgment. This article arms you with the knowledge and practice to ...
Read MoreWhat is Inflation, and How is it Caused? Inflation can be simply understood as the rise in prices of goods and services over time, leading to a decrease in purchasing power of a currency. The root ...
Read More1) What are the elements of false advertising under New York law? For a private plaintiff to "state a claim" under General Business Law § 350, the following elements must be alleged in sufficient ...
Read MoreWe usually see CACH, LLC suing on delinquent consumer debts. But this Colorado debt buyer also sues on defaulted business accounts. But in order to hold an individual liable for a corporate ...
Read MoreRepresented by Daniels Norelli Scully & Cecere, P.C., debt-buyer, CACH, LLC, sued our client for an alleged Bank of America (FIA) credit-card debt. Although the amount at issue was small, the stakes ...
Read MoreA bank-account seizure would cripple anybody. Most consumers live out of their personal checking account. A debt-collection lawyer in possession of a judgment against you can easily find where you ...
Read MoreThe Basic Rule: No Automatic Attorney's Fees In New York, attorney's fees are not typically recoverable damages unless there's a specific contractual agreement or statute. This is known as "the ...
Read MoreIf you have been served with a summons and complaint in New York City, you must respond to it in a timely manner to prevent a default judgment. This article arms you with the knowledge and practice to ...
Read MoreWhat is Inflation, and How is it Caused? Inflation can be simply understood as the rise in prices of goods and services over time, leading to a decrease in purchasing power of a currency. The root ...
Read MoreThe Basic Rule: No Automatic Attorney's Fees In New York, attorney's fees are not typically recoverable damages unless there's a specific contractual agreement or statute. This is known as "the ...
Read MoreIf you have been served with a summons and complaint in New York City, you must respond to it in a timely manner to prevent a default judgment. This article arms you with the knowledge and practice to ...
Read MoreWhat is Inflation, and How is it Caused? Inflation can be simply understood as the rise in prices of goods and services over time, leading to a decrease in purchasing power of a currency. The root ...
Read MoreThe Basic Rule: No Automatic Attorney's Fees In New York, attorney's fees are not typically recoverable damages unless there's a specific contractual agreement or statute. This is known as "the ...
Read MoreIf you have been served with a summons and complaint in New York City, you must respond to it in a timely manner to prevent a default judgment. This article arms you with the knowledge and practice to ...
Read MoreWhat is Inflation, and How is it Caused? Inflation can be simply understood as the rise in prices of goods and services over time, leading to a decrease in purchasing power of a currency. The root ...
Read MoreThe Basic Rule: No Automatic Attorney's Fees In New York, attorney's fees are not typically recoverable damages unless there's a specific contractual agreement or statute. This is known as "the ...
Read MoreIf you have been served with a summons and complaint in New York City, you must respond to it in a timely manner to prevent a default judgment. This article arms you with the knowledge and practice to ...
Read MoreWhat is Inflation, and How is it Caused? Inflation can be simply understood as the rise in prices of goods and services over time, leading to a decrease in purchasing power of a currency. The root ...
Read MoreThe Basic Rule: No Automatic Attorney's Fees In New York, attorney's fees are not typically recoverable damages unless there's a specific contractual agreement or statute. This is known as "the ...
Read MoreIf you have been served with a summons and complaint in New York City, you must respond to it in a timely manner to prevent a default judgment. This article arms you with the knowledge and practice to ...
Read MoreWhat is Inflation, and How is it Caused? Inflation can be simply understood as the rise in prices of goods and services over time, leading to a decrease in purchasing power of a currency. The root ...
Read MoreThe Basic Rule: No Automatic Attorney's Fees In New York, attorney's fees are not typically recoverable damages unless there's a specific contractual agreement or statute. This is known as "the ...
Read MoreIf you have been served with a summons and complaint in New York City, you must respond to it in a timely manner to prevent a default judgment. This article arms you with the knowledge and practice to ...
Read MoreWhat is Inflation, and How is it Caused? Inflation can be simply understood as the rise in prices of goods and services over time, leading to a decrease in purchasing power of a currency. The root ...
Read MoreI went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...
Read MoreThis is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...
Read MoreThis blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...
Read MoreThe Basic Rule 10% of your gross earnings will be deducted subject to a minimum wage analysis explained below. Gross earnings are defined as salary, wages, overtime earnings, commissions, income from ...
Read MoreWhat are your rights when your bank account is jointly held? Can the creditor's attorney simply take all of the money? Under New York law, a joint bank account vests both holders with an unconditional ...
Read MoreYes. Creditors who have obtained judgments for unpaid debts can register these judgments to create liens against real property. This is a separate process from banks obtaining mortgage liens, which ...
Read MoreIf you've received a letter with language similar or identical to the one below, you are being put on notice that your money is at risk of being seized by a judgment creditor. To satisfy due process ...
Read More1) First of all, what is bonus depreciation? Designed to stimulate investment in business property (not land or buildings), the Internal Revenue Code, under the Tax Cuts and Jobs Act of 2017 (TCJA), ...
Read MoreI went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...
Read MoreThis is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...
Read MoreThis blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...
Read MoreI went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...
Read MoreThis is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...
Read MoreThis blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...
Read MoreDebt-collection judgments often switch hands between debt buyers. But less realized is the fairly common practice of attorneys substituting each other as well. The law requires that you get notified ...
Read MoreFacing 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 ...
Read MoreThe 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 – and ...
Read MoreEmployment taxes are expensive. Payroll taxes are expensive. Withholding taxes is an administrative burden. All true. But I remember a wise tax lawyer once saying to a group of us, “if you can’t ...
Read MoreEmployment taxes are expensive. Payroll taxes are expensive. Withholding taxes is an administrative burden. All true. But I remember a wise tax lawyer once saying to a group of us, “if you can’t ...
Read MoreEmployment taxes are expensive. Payroll taxes are expensive. Withholding taxes is an administrative burden. All true. But I remember a wise tax lawyer once saying to a group of us, “if you can’t ...
Read MoreTemporary Relief Followed by Potential Liability for Employment Taxes New York’s PAUSE Order aimed at mitigating the spread of COVID-19 unavoidably devastated business income. Because of that, NYS ...
Read MorePre-Pandemic 1) Before the pandemic, debt-collection-industry revenue has trended downward. Debt-collection-industry revenue has declined in recent years, decreasing from an estimated $13.5 billion in ...
Read MoreI went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...
Read MoreThis is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...
Read MoreOur client received a Notice of Garnishment by Marshal Henry Daly in the amount of $4,105. We quickly intervened by pointing to alleged defects in the underlying debt, and alleged defects in the ...
Read MoreWe 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 ...
Read MoreThe below is a list of 50 clear violations of the Fair Debt Collection Practices Act. [1] Most of these are in the collection-litigation landscape. This list was first inspired by only one ...
Read MoreThe 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 – and ...
Read MoreI went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...
Read MoreThis is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...
Read MoreThis blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...
Read MoreI went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...
Read MoreThis is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...
Read MoreThis blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...
Read MoreI went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...
Read MoreThis is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...
Read MoreThis blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...
Read MoreWhat are your rights when your bank account is jointly held? Can the creditor's attorney simply take all of the money? Under New York law, a joint bank account vests both holders with an unconditional ...
Read MoreWhat is a Levy? The verb "to levy" means "to take or seize property in execution of a judgment." Used in a sentence: "The judgment creditor may levy on the debtor's assets." A levy is the final stage ...
Read MoreIt can be frustrating when your employer turns over part of your hard-earned pay to a judgment creditor. You may feel you did not receive proper notice to prevent the garnishment. However, New York ...
Read MoreWhat are your rights when your bank account is jointly held? Can the creditor's attorney simply take all of the money? Under New York law, a joint bank account vests both holders with an unconditional ...
Read MoreNew York statute shields select funds from creditor attachment, even when debt obligations remain unpaid. These legal "exemptions" protect essential income required for basic living needs. Generally, ...
Read MoreI went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...
Read MoreI went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...
Read MoreThis is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...
Read MoreHere are some key federal laws regulating food, beverages, dietary supplements, and cosmetics in the United States. Under each section are lists of the 10 most common products regulated under each ...
Read MoreI went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...
Read MoreThis is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...
Read MoreThis blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...
Read MoreI went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...
Read MoreThis is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...
Read MoreThis blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...
Read MoreI went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...
Read MoreTwo recent lawsuits against Smithfield Foods are not going its way in the District of Columbia. Both lawsuits allege false advertising by Smithfield. One case asserts that Smithfield Foods misled ...
Read MoreWhat is Humane Washing? Humane-washing is the practice of making false or misleading claims about the treatment of farmed animals. Claims may include the conditions in which animals are born, raised, ...
Read MoreI went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...
Read MoreThis is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...
Read MoreThis blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...
Read MoreI went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...
Read MoreThis is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...
Read MoreThis blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...
Read MoreI went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...
Read MoreAttempted Garnishment after Satisfaction of Judgment: A Case Study In one matter, our client wasn't sued twice but was garnished twice, which also happens. Originally, he hadn't been served properly, ...
Read More1) What is the statute of limitations? It’s the time period in which a plaintiff has the legal right to sue. It starts from the date of your missed minimum payment. If a collector sues within that ...
Read MoreI went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...
Read MoreThis blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...
Read MoreThis blog explores when and how companies must support (substantiate") their health-related advertising claims. How Scientific Studies are Used to Prove Health-Advertising Claims Science is a ...
Read MoreI went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...
Read MoreThis is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...
Read MoreThis blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...
Read MoreI went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...
Read MoreThis is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...
Read MoreThis blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...
Read MoreThis case illustrates the importance of scrutinizing your credit card debt chain of title. Generally, courts consider legal custody of the debt to be a threshold issue that must be resolved first ...
Read MoreI went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...
Read MoreThis is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...
Read MoreThis blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...
Read MoreI went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...
Read MoreThis is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...
Read MoreThis blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...
Read MoreI went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...
Read MoreThis is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...
Read MoreThis blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...
Read MoreI went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...
Read MoreThis is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...
Read MoreThis blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...
Read MoreI went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...
Read MoreThis is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...
Read MoreThis blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...
Read MoreI went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...
Read MoreThis is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...
Read MoreThis blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...
Read MoreI went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...
Read MoreThis is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...
Read MoreThis blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...
Read MoreI went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...
Read MoreThis is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...
Read MoreThis blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...
Read MoreI went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...
Read MoreThis is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...
Read MoreThis blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...
Read MoreWhat connection does this "trust" have to my student loan? These trusts are not lenders or guarantors. National Collegiate Student Loan Trust is a trust, or series of trusts, that contain private ...
Read MoreA client contacted us after she received a wage garnishment stemming from a judgment that had been obtained against her by LVNV Funding. The judgment was obtained in 2007 for about $6,000 and had rose ...
Read MoreA federal judge green-lighted a class action lawsuit that accused Forster & Garbus, LLP and NCOP XI, LLC of acting deceptively by citing a creditor's name as "NCOP XI, LLC A/P/O Capital One." The Fair ...
Read MoreI went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...
Read MoreThis blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...
Read More1) What are the elements of false advertising under New York law? For a private plaintiff to "state a claim" under General Business Law § 350, the following elements must be alleged in sufficient ...
Read MoreThe case [1] appeared in the New York Law Journal three days ago. It's wildly fascinating as it touches on various aspects of judgment enforcement. An individual judgment debtor moved for a protective ...
Read MoreI went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...
Read MoreThis blog explores when and how companies must support (substantiate") their health-related advertising claims. How Scientific Studies are Used to Prove Health-Advertising Claims Science is a ...
Read MoreIn general, mislabeling refers to errors or omissions on product labels, while misbranding refers to false or misleading claims or representations about the product. Quick Examples of Mislabeling: A ...
Read MoreWhat are your rights when your bank account is jointly held? Can the creditor's attorney simply take all of the money? Under New York law, a joint bank account vests both holders with an unconditional ...
Read MoreStatutes relating to the enforcement of money judgments require careful reading and analysis. The below fairly summarizes CPLR § 5208 [Enforcement after death of judgment debtor; leave of court; ...
Read MoreWhat is a Levy? The verb "to levy" means "to take or seize property in execution of a judgment." Used in a sentence: "The judgment creditor may levy on the debtor's assets." A levy is the final stage ...
Read MoreThis 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 ...
Read MoreDebt-buyer, Asset Acceptance, LLC, failed to "carry its evidentiary burden" to win a summary judgment motion involving an alleged Citibank credit card debt. A summary judgment motion is a written ...
Read MoreM.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 ...
Read MoreI went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...
Read MoreThis blog explores when and how companies must support (substantiate") their health-related advertising claims. How Scientific Studies are Used to Prove Health-Advertising Claims Science is a ...
Read MoreIn general, mislabeling refers to errors or omissions on product labels, while misbranding refers to false or misleading claims or representations about the product. Quick Examples of Mislabeling: A ...
Read MoreThe below is a list of 50 clear violations of the Fair Debt Collection Practices Act. [1] Most of these are in the collection-litigation landscape. This list was first inspired by only one ...
Read MoreDebt-collection judgments often switch hands between debt buyers. But less realized is the fairly common practice of attorneys substituting each other as well. The law requires that you get notified ...
Read MoreFacing 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 ...
Read MoreI went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...
Read MoreThis is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...
Read MoreThis blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...
Read MoreEven with inflation and rising food costs, conscious consumers appear not to skimp on animal welfare. Nearly 60% of consumers in the US report that they’re concerned about animal welfare when it comes ...
Read MoreComplete the below questionnaire to determine if the meat, poultry, fish, or dairy product that you purchased was deceptively advertised: * Not every phrase or word used below automatically represents ...
Read MoreWhat is Humane Washing? Humane-washing is the practice of making false or misleading claims about the treatment of farmed animals. Claims may include the conditions in which animals are born, raised, ...
Read MoreI went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...
Read MoreThis is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...
Read MoreThis blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...
Read MoreNew York statute shields select funds from creditor attachment, even when debt obligations remain unpaid. These legal "exemptions" protect essential income required for basic living needs. Generally, ...
Read MoreThe Homestead Exemption law in New York, as detailed in § 5206, safeguards a person's primary residence from being used to satisfy a monetary judgment. The government's policy in implementing the ...
Read MoreNew York State defense litigation collides again with the Fair Debt Collection Practices Act ("FDCPA"), this time producing a fairly harsh result to the consumer. This office represents consumers ...
Read MoreIn a recent case, Musah v Houslanger & Associates, PLLC, [1] the Federal District Court for the Southern District of New York ruled that an assignment of a judgment to a debt buyer was valid even ...
Read MoreIf you have been served with a summons and complaint in New York City, you must respond to it in a timely manner to prevent a default judgment. This article arms you with the knowledge and practice to ...
Read MoreI went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...
Read MoreThis blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...
Read MoreThis blog explores when and how companies must support (substantiate") their health-related advertising claims. How Scientific Studies are Used to Prove Health-Advertising Claims Science is a ...
Read MoreThis is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...
Read MoreThis blog explores when and how companies must support (substantiate") their health-related advertising claims. How Scientific Studies are Used to Prove Health-Advertising Claims Science is a ...
Read MoreIn general, mislabeling refers to errors or omissions on product labels, while misbranding refers to false or misleading claims or representations about the product. Quick Examples of Mislabeling: A ...
Read MoreWhat is Inflation, and How is it Caused? Inflation can be simply understood as the rise in prices of goods and services over time, leading to a decrease in purchasing power of a currency. The root ...
Read MoreThis blog series focuses on tax audits of attorneys. Why? Because I'm an attorney, and am highly interested in how attorneys wind up in hot water with the IRS. Even though this series focuses on ...
Read MoreWhat Are Interrogatories in a Legal Context? Interrogatories are formal written questions that one party in a lawsuit can serve upon another party to obtain specific information relevant to the case. ...
Read MoreThe case referred to is U.S. v. Stinson, a federal appeals decision that affirmed the disgorgement (repayment) of $949,952.47 against a tax return preparer. Disgorgement, which compels wrongdoers to ...
Read MoreDespite the IRS' recent achievements, and its 5-year Strategic Plan to streamline operations, The National Taxpayer Advocate exposed some core weaknesses. The National Taxpayer Advocate (NTA) is an ...
Read MoreThe IRS published its 5-Year Strategic Plan for years 2018 to 2022. Below are some of its strategic goals. Honoring the Taxpayer Bill of Rights; Encouraging more online interaction to increase ...
Read MoreWhat are your rights when your bank account is jointly held? Can the creditor's attorney simply take all of the money? Under New York law, a joint bank account vests both holders with an unconditional ...
Read More1) Account Stated is a “cause of action.” What is a cause of action? A cause of action has two definitions: noun. A condition under which one party would be entitled to sue another. noun. A set of ...
Read MoreIn 2015, Chase bank entered into a consent order in response to accusations from 47 Attorney Generals that Chase had committed several acts of systematic wrong-doing in its attempt to collect and sell ...
Read MoreOn May 22, 2009, President Barack Obama signed the Credit Card Accountability, Responsibility and Disclosure Act into law. Since then, consumers have saved over 12 billion dollars, below are five ways ...
Read MoreWhat Are Interrogatories in a Legal Context? Interrogatories are formal written questions that one party in a lawsuit can serve upon another party to obtain specific information relevant to the case. ...
Read MoreWhat are your rights when your bank account is jointly held? Can the creditor's attorney simply take all of the money? Under New York law, a joint bank account vests both holders with an unconditional ...
Read MoreYes. Creditors who have obtained judgments for unpaid debts can register these judgments to create liens against real property. This is a separate process from banks obtaining mortgage liens, which ...
Read MoreYes. Creditors who have obtained judgments for unpaid debts can register these judgments to create liens against real property. This is a separate process from banks obtaining mortgage liens, which ...
Read MoreAttempted Garnishment after Satisfaction of Judgment: A Case Study In one matter, our client wasn't sued twice but was garnished twice, which also happens. Originally, he hadn't been served properly, ...
Read MoreBuilding upon yesterday's blog post " Need to Vacate a Default Judgment ?" this post discusses the time limits to do so. Understanding Time Limits for Challenging a Judgment When seeking to vacate a ...
Read MoreA 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 action ...
Read MoreWe have been seeing an interesting trend lately: debt buyers, without legal justification, moving for entry of a default judgment after the legal deadline. That deadline is one year after a consumer ...
Read MoreFacing 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 ...
Read MoreAmid an aggressive challenge by Lacy Katzen, LLP and Eric Berman, P.C., Eastern District Judge Eric Vitaliano has ruled that NYC's Local Law 15 (2009) trespasses on the state's oversight of the ...
Read MoreThis case illustrates the importance of scrutinizing your credit card debt chain of title. Generally, courts consider legal custody of the debt to be a threshold issue that must be resolved first ...
Read MoreThe Homestead Exemption law in New York, as detailed in § 5206, safeguards a person's primary residence from being used to satisfy a monetary judgment. The government's policy in implementing the ...
Read MoreIf you have been served with a summons and complaint in New York City, you must respond to it in a timely manner to prevent a default judgment. This article arms you with the knowledge and practice to ...
Read MoreWhat is a Motion for Summary Judgment? A motion for summary judgment is a legal procedure that allows a party to a lawsuit to ask the court to decide the case in their favor without a trial. The ...
Read MoreThe below is a list of 50 clear violations of the Fair Debt Collection Practices Act. [1] Most of these are in the collection-litigation landscape. This list was first inspired by only one ...
Read MoreOur client walked in with a Notice of Garnishment issued by Marshal Moses for $69,139. The creditor was Pinpoint Technologies, LLC and the current law firm enforcing the judgment for Pinpoint was ...
Read MoreNOTICE OF PROPOSED CLASS ACTION SETTLEMENT AND FAIRNESS HEARING Sykes v. Mel S. Harris and Associates LLC, No. 09 Civ. 8486 ...
Read MoreThe below is a list of 50 clear violations of the Fair Debt Collection Practices Act. [1] Most of these are in the collection-litigation landscape. This list was first inspired by only one ...
Read MoreCourts are in the business of reducing disputes to judgments— not revisiting issues already encompassed within judgments. Actually, that’s not entirely true. Our law practice—The Langel Firm—regularly ...
Read MoreA client contacted us after she received a wage garnishment stemming from a judgment that had been obtained against her by LVNV Funding. The judgment was obtained in 2007 for about $6,000 and had rose ...
Read MoreThis 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 ...
Read MoreAnother 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 served our ...
Read MoreIn 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 ...
Read MoreFinally 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 ...
Read MoreI went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...
Read MoreThis is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...
Read MoreThis blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...
Read MoreOur client walked in with a Notice of Garnishment issued by Marshal Moses for $69,139. The creditor was Pinpoint Technologies, LLC and the current law firm enforcing the judgment for Pinpoint was ...
Read MoreAs always, time is of the essence when facing an income execution (garnishment). We needed to respond quickly to the final stages of a garnishment executed by Marshal Ronald Moses. In the underlying ...
Read MoreThe Basic Rule: No Automatic Attorney's Fees In New York, attorney's fees are not typically recoverable damages unless there's a specific contractual agreement or statute. This is known as "the ...
Read MoreIf you have been served with a summons and complaint in New York City, you must respond to it in a timely manner to prevent a default judgment. This article arms you with the knowledge and practice to ...
Read MoreWhat is Inflation, and How is it Caused? Inflation can be simply understood as the rise in prices of goods and services over time, leading to a decrease in purchasing power of a currency. The root ...
Read MoreOur client walked in with a Notice of Garnishment issued by Marshal Moses for $69,139. The creditor was Pinpoint Technologies, LLC and the current law firm enforcing the judgment for Pinpoint was ...
Read MoreNOTICE OF PROPOSED CLASS ACTION SETTLEMENT AND FAIRNESS HEARING Sykes v. Mel S. Harris and Associates LLC, No. 09 Civ. 8486 ...
Read MoreA New York appellate court reversed a trial court's decision to let a consumer-defendant's spouse, under a power of attorney, to "stand in" for him for purposes of conducting a traverse hearing. A ...
Read MoreAt 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 ...
Read MoreThe below is a list of 50 clear violations of the Fair Debt Collection Practices Act. [1] Most of these are in the collection-litigation landscape. This list was first inspired by only one ...
Read MoreOur "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 nuggets of ...
Read MoreYou 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 ...
Read MoreI went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...
Read MoreThis is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...
Read MoreThis blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...
Read MoreI went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...
Read MoreThis is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...
Read MoreThis blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...
Read MoreI went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...
Read MoreThis is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...
Read MoreThis blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...
Read MoreI went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...
Read MoreThis is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...
Read MoreThis blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...
Read MoreI went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...
Read MoreThis is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...
Read MoreThis blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...
Read MoreIn the intricate dance of financial decision-making, our emotions often lead the way, sometimes guiding us towards prosperity but other times into pitfalls. This article dives deep into the world of ...
Read MoreThis is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...
Read MoreHere are some key federal laws regulating food, beverages, dietary supplements, and cosmetics in the United States. Under each section are lists of the 10 most common products regulated under each ...
Read MoreThis blog explores when and how companies must support (substantiate") their health-related advertising claims. How Scientific Studies are Used to Prove Health-Advertising Claims Science is a ...
Read MoreWhat is a Motion for Summary Judgment? A motion for summary judgment is a legal procedure that allows a party to a lawsuit to ask the court to decide the case in their favor without a trial. The ...
Read MoreIt can be frustrating when your employer turns over part of your hard-earned pay to a judgment creditor. You may feel you did not receive proper notice to prevent the garnishment. However, New York ...
Read MoreAs always, time is of the essence when facing an income execution (garnishment). We needed to respond quickly to the final stages of a garnishment executed by Marshal Ronald Moses. In the underlying ...
Read MoreFair is fair. And if a consumer is clearly not notified of a court case, why should that consumer be forced to turn over hard-earned wages toward a $36,158 garnishment? Why should that consumer even ...
Read MoreThis blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...
Read MoreHere are some key federal laws regulating food, beverages, dietary supplements, and cosmetics in the United States. Under each section are lists of the 10 most common products regulated under each ...
Read MoreThis blog explores when and how companies must support (substantiate") their health-related advertising claims. How Scientific Studies are Used to Prove Health-Advertising Claims Science is a ...
Read MoreThe defendants in this case [1] : Mel S. Harris & Associates and NCO Portfolio Management, Inc. The plaintiff sued these collection entities under the Fair Debt Collection Practices Act ("FDCPA") for ...
Read MoreThis is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...
Read More1) What are the elements of false advertising under New York law? For a private plaintiff to "state a claim" under General Business Law § 350, the following elements must be alleged in sufficient ...
Read MoreI went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...
Read MoreThis is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...
Read MoreThis blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...
Read MoreI went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...
Read MoreThis is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...
Read MoreThis blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...
Read MoreWhat is Inflation, and How is it Caused? Inflation can be simply understood as the rise in prices of goods and services over time, leading to a decrease in purchasing power of a currency. The root ...
Read MoreDealing with a collection agency to settle a debt? Here's a structured approach to ensure you make informed decisions: 1. Validate the Debt You Owe Upon initial contact, debt collectors are obligated ...
Read MoreIf you've received a letter with language similar or identical to the one below, you are being put on notice that your money is at risk of being seized by a judgment creditor. To satisfy due process ...
Read MoreI went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...
Read MoreThis is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...
Read MoreThis blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...
Read MoreI went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...
Read MoreThis is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...
Read MoreThis blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...
Read MoreI went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...
Read MoreThis is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...
Read MoreThis blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...
Read MoreI went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...
Read MoreThis is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...
Read MoreThis blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...
Read MoreThis is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...
Read MoreThe below list explores the show-down between state law and federal law in the areas of food, beverages, animal products, medication, medical devices, dietary supplements, cigarettes, and more. First, ...
Read More1) What is the statute of limitations? It’s the time period in which a plaintiff has the legal right to sue. It starts from the date of your missed minimum payment. If a collector sues within that ...
Read MoreThe below is a list of 50 clear violations of the Fair Debt Collection Practices Act. [1] Most of these are in the collection-litigation landscape. This list was first inspired by only one ...
Read MoreNew York State defense litigation collides again with the Fair Debt Collection Practices Act ("FDCPA"), this time producing a fairly harsh result to the consumer. This office represents consumers ...
Read MoreIn general, mislabeling refers to errors or omissions on product labels, while misbranding refers to false or misleading claims or representations about the product. Quick Examples of Mislabeling: A ...
Read MoreDoes "Humanely Raised" placed near "USDA Process Certified" imply that the USDA certified "Humanely Raised"? Yes, plausibly so, held a federal judge in New Jersey in the class action, Hemy v. Perdue ...
Read MoreIn the intricate dance of financial decision-making, our emotions often lead the way, sometimes guiding us towards prosperity but other times into pitfalls. This article dives deep into the world of ...
Read MoreIn personal finance, debt is often a topic of debate. People have varied opinions on the need for debt, influenced by cultural beliefs, upbringing, and financial knowledge. To some, it represents ...
Read MoreWhat is a Motion for Summary Judgment? A motion for summary judgment is a legal procedure that allows a party to a lawsuit to ask the court to decide the case in their favor without a trial. The ...
Read MoreOur client walked in with a Notice of Garnishment issued by Marshal Moses for $69,139. The creditor was Pinpoint Technologies, LLC and the current law firm enforcing the judgment for Pinpoint was ...
Read MoreA New York appellate court reversed a trial court's decision to let a consumer-defendant's spouse, under a power of attorney, to "stand in" for him for purposes of conducting a traverse hearing. A ...
Read MoreOften times, consumers have to unwind their case after they've defaulted (did not appear in court). Bad service of initial papers often leads to lack of awareness, which then leads to a default ...
Read MoreThis is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...
Read MoreThis blog explores when and how companies must support (substantiate") their health-related advertising claims. How Scientific Studies are Used to Prove Health-Advertising Claims Science is a ...
Read More1) What are the elements of false advertising under New York law? For a private plaintiff to "state a claim" under General Business Law § 350, the following elements must be alleged in sufficient ...
Read More1) What is the statute of limitations? It’s the time period in which a plaintiff has the legal right to sue. It starts from the date of your missed minimum payment. If a collector sues within that ...
Read MoreThe below is a list of 50 clear violations of the Fair Debt Collection Practices Act. [1] Most of these are in the collection-litigation landscape. This list was first inspired by only one ...
Read MoreThe Consumer Financial Protection Bureau ("CFPB"), the federal government's consumer-protection muscle levied stiff penalties against Encore Capital Group (the parent to Midland Funding, LLC and ...
Read MoreI went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...
Read MoreIn general, mislabeling refers to errors or omissions on product labels, while misbranding refers to false or misleading claims or representations about the product. Quick Examples of Mislabeling: A ...
Read MoreThe below list explores the show-down between state law and federal law in the areas of food, beverages, animal products, medication, medical devices, dietary supplements, cigarettes, and more. First, ...
Read MoreRelated to the issue in our last blog post, we caused the dismissal of a $14,000 case on the grounds that the plaintiff, Unifund, CCR, LLC, waited too long to properly serve our client. Almost a year ...
Read MoreThe first case, brought by Mel S. Harris & Associates on behalf of LR Credit 10, LLC enabled us to quickly move to overturn a judgment based on the fact that our client never lived in New York, ...
Read MoreThe lessons of this case: In opposition to your lawful claim of exemption to a bank seizure, a judgment creditor must: Serve you with its opposition papers at the current address listed on your claim ...
Read MoreThis is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...
Read MoreThis blog explores when and how companies must support (substantiate") their health-related advertising claims. How Scientific Studies are Used to Prove Health-Advertising Claims Science is a ...
Read MoreWhat is the Health Products Compliance Guide of 2022? The Federal Trade Commission (FTC) has provided an overhaul to its 1998 Guidance called Dietary Supplements: An Advertising Guide for Industry. ...
Read MoreWhat is a Motion for Summary Judgment? A motion for summary judgment is a legal procedure that allows a party to a lawsuit to ask the court to decide the case in their favor without a trial. The ...
Read MoreUnderstanding the intricacies of service methods in New York is crucial for those sued for debt to determine if they were properly served and to ensure timely responses, avoiding severe legal ...
Read MoreThe 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 since 2011 ...
Read MoreFacing 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 ...
Read MoreI went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...
Read MoreThis is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...
Read MoreThis blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...
Read MoreAnother 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 served our ...
Read MoreI went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...
Read MoreThis is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...
Read MoreHere are some key federal laws regulating food, beverages, dietary supplements, and cosmetics in the United States. Under each section are lists of the 10 most common products regulated under each ...
Read MoreMany 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 ...
Read MoreIn Fritz v. Resurgent Capital Services, LP, [1] the plaintiffs in a class action assert claims against Resurgent Capital Services, LP, LVNV Funding, and Mel Harris, et al. for alleged violations of ...
Read MoreResurgent Capital Services, LLC, represented by Mel Harris & Associates, LLC, was denied in its attempt, by motion, to simply amend the case caption to substitute Resurgent with different debt buyer, ...
Read MoreSince our initial introduction to United Guaranty Commercial Insurance of North Carolina in this case, we've been retained by more consumers needing help against this student loan insurer suing in the ...
Read MoreWhat connection does this "trust" have to my student loan? These trusts are not lenders or guarantors. National Collegiate Student Loan Trust is a trust, or series of trusts, that contain private ...
Read MoreOur client received a Notice of Garnishment by Marshal Henry Daly in the amount of $4,105. We quickly intervened by pointing to alleged defects in the underlying debt, and alleged defects in the ...
Read MoreWe 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 ...
Read MoreThe District Court of Nassau County, New York denied Rushmore Recoveries' motion for summary judgment in Rushmore Recoveries X, LLC v. Skolnick (Nassau Cty. Dist. 2007). Rushmore Recoveries sued a ...
Read MoreThis is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...
Read MoreThis blog explores when and how companies must support (substantiate") their health-related advertising claims. How Scientific Studies are Used to Prove Health-Advertising Claims Science is a ...
Read MoreIn general, mislabeling refers to errors or omissions on product labels, while misbranding refers to false or misleading claims or representations about the product. Quick Examples of Mislabeling: A ...
Read MoreWhat is a Motion for Summary Judgment? A motion for summary judgment is a legal procedure that allows a party to a lawsuit to ask the court to decide the case in their favor without a trial. The ...
Read MoreUnderstanding Your Rights After Paying Off a Judgment in New York When you've fulfilled a judgment through paycheck deductions, bank account seizure, or settlement agreement compliance, it's crucial ...
Read MoreOur client was sued at an address in a county where he had not resided for 17 years. Obsolete is an understatement. Consequently, he defaulted and needed to hire us to quickly stop a garnishment and ...
Read MoreUnderstanding the intricacies of service methods in New York is crucial for those sued for debt to determine if they were properly served and to ensure timely responses, avoiding severe legal ...
Read MoreDealing with a collection agency to settle a debt? Here's a structured approach to ensure you make informed decisions: 1. Validate the Debt You Owe Upon initial contact, debt collectors are obligated ...
Read MoreWhat exactly is a “default” in law? A “default” is defined as “an omission, or a failure to do that which is anticipated, expected, or required in a given situation." (Legaldictionary.com). Failing to ...
Read MoreThe Basic Rule: No Automatic Attorney's Fees In New York, attorney's fees are not typically recoverable damages unless there's a specific contractual agreement or statute. This is known as "the ...
Read MoreIf you have been served with a summons and complaint in New York City, you must respond to it in a timely manner to prevent a default judgment. This article arms you with the knowledge and practice to ...
Read MoreWhat is Inflation, and How is it Caused? Inflation can be simply understood as the rise in prices of goods and services over time, leading to a decrease in purchasing power of a currency. The root ...
Read MoreIn today's New York Law Journal appeared the decision in Unifund CCR, LLC v. Chan. [1] This case emphasized the major legal hurdle plaguing debt buyers: hearsay. Hearsay is broadly defined as ...
Read MoreWhat is the New York Consumer Credit Fairness Act? On November 8, 2021, New York State enacted the Consumer Credit Fairness Act (“CCFA”), which implements comprehensive changes to New York’s Civil ...
Read MorePre-Pandemic 1) Before the pandemic, debt-collection-industry revenue has trended downward. Debt-collection-industry revenue has declined in recent years, decreasing from an estimated $13.5 billion in ...
Read More1) What is the statute of limitations? It’s the time period in which a plaintiff has the legal right to sue. It starts from the date of your missed minimum payment. If a collector sues within that ...
Read MoreOur client walked in with a Notice of Garnishment issued by Marshal Moses for $69,139. The creditor was Pinpoint Technologies, LLC and the current law firm enforcing the judgment for Pinpoint was ...
Read MoreEach case must be considered under its facts and circumstances. Although our Recent Victories reflect many of our outright dismissals, it is important to know that settlement — especially in the ...
Read MoreOur client was sued [1] for an alleged Chase debt with a default date of no later than August of 2007. Our firm quickly moved to dismiss the case under Portfolio v. King (Court of Appeals) arguing ...
Read MoreIf you have been served with a summons and complaint in New York City, you must respond to it in a timely manner to prevent a default judgment. This article arms you with the knowledge and practice to ...
Read MoreThe Essential Legal Glossary for Consumer Debtors Acceptance: 1) Intentionally receiving and keeping something. 2) Agreeing to contract terms. Acceptance of Service: Agreement by a defendant to accept ...
Read MoreWhat’s Going on with Student Loan Repayments in 2023? In October 2023, about 27 million borrowers are expected to restart their student loan payments, marking an end to a three-year hiatus. The blog ...
Read MoreI went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...
Read MoreThis blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...
Read MoreThis blog explores when and how companies must support (substantiate") their health-related advertising claims. How Scientific Studies are Used to Prove Health-Advertising Claims Science is a ...
Read MoreI went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...
Read MoreThis is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...
Read MoreThis blog explores when and how companies must support (substantiate") their health-related advertising claims. How Scientific Studies are Used to Prove Health-Advertising Claims Science is a ...
Read MoreImagine you are in the market for a new surround sound system. You take a trip to Best Buy and find the ideal surround sound system which will allow you to enjoy your music and movies in crisp, ...
Read More1) First of all, what is bonus depreciation? Designed to stimulate investment in business property (not land or buildings), the Internal Revenue Code, under the Tax Cuts and Jobs Act of 2017 (TCJA), ...
Read MoreThe business of art is fertile grounds for the tax professional. Depending on the unique facts, a piece of art can never sell—or sell for millions of dollars. It can change hands once—or multiple ...
Read MoreEmployment taxes are expensive. Payroll taxes are expensive. Withholding taxes is an administrative burden. All true. But I remember a wise tax lawyer once saying to a group of us, “if you can’t ...
Read MoreThe business of art is fertile grounds for the tax professional. Depending on the unique facts, a piece of art can never sell—or sell for millions of dollars. It can change hands once—or multiple ...
Read MoreEmployment taxes are expensive. Payroll taxes are expensive. Withholding taxes is an administrative burden. All true. But I remember a wise tax lawyer once saying to a group of us, “if you can’t ...
Read MoreThis blog series focuses on tax audits of attorneys. Why? Because I'm an attorney, and am highly interested in how attorneys wind up in hot water with the IRS. Even though this series focuses on ...
Read MoreThe Essential Legal Glossary for Consumer Debtors Acceptance: 1) Intentionally receiving and keeping something. 2) Agreeing to contract terms. Acceptance of Service: Agreement by a defendant to accept ...
Read MoreIn personal finance, debt is often a topic of debate. People have varied opinions on the need for debt, influenced by cultural beliefs, upbringing, and financial knowledge. To some, it represents ...
Read MoreYes. Creditors who have obtained judgments for unpaid debts can register these judgments to create liens against real property. This is a separate process from banks obtaining mortgage liens, which ...
Read More1) What is the statute of limitations? It’s the time period in which a plaintiff has the legal right to sue. It starts from the date of your missed minimum payment. If a collector sues within that ...
Read MoreFriends, Be aware of an active tax-debt settlement scam targeting middle-class New York. The scammers pawn themselves off as tax-settlement professionals alerting you to— and offering to ...
Read MoreIf you have recently discovered that there is a state tax warrant or a tax lien against you, you are most certainly not alone. Similarly, if you have recently received a tax bill or notice, you are in ...
Read More1) What is the statute of limitations? It’s the time period in which a plaintiff has the legal right to sue. It starts from the date of your missed minimum payment. If a collector sues within that ...
Read MoreFriends, Be aware of an active tax-debt settlement scam targeting middle-class New York. The scammers pawn themselves off as tax-settlement professionals alerting you to— and offering to ...
Read MoreIf you have recently discovered that there is a state tax warrant or a tax lien against you, you are most certainly not alone. Similarly, if you have recently received a tax bill or notice, you are in ...
Read MoreThe same tax rules apply whether the award is made by settlement (before or after lawsuit) or awarded through a judgment. But the parties can influence taxation by inserting pivotal facts in a ...
Read MoreTax law is harsh when it comes to most filing deadlines, which are considered jurisdictional and not subject to equitable tolling. Even one day late, regardless of the harshness of result, will block ...
Read MoreUnder the tax code, the confidentiality privilege only applies in non-criminal tax matters. But United States v. Kovel (2nd Cir. 1961) stepped in to extend the attorney-client privilege to cover ...
Read MoreThe same tax rules apply whether the award is made by settlement (before or after lawsuit) or awarded through a judgment. But the parties can influence taxation by inserting pivotal facts in a ...
Read MoreFriends, Be aware of an active tax-debt settlement scam targeting middle-class New York. The scammers pawn themselves off as tax-settlement professionals alerting you to— and offering to ...
Read MoreIf you have recently discovered that there is a state tax warrant or a tax lien against you, you are most certainly not alone. Similarly, if you have recently received a tax bill or notice, you are in ...
Read MoreThe Consumer Finance Protection Bureau has released its 2015 report to Congress. The report categorizes consumer complaints, with regard to debt collection, into six classifications. The report also ...
Read MoreThe 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 ...
Read MoreAt issue are 53 pre-recorded, vague, unsolicited voicemails left on our client's cell phone from July 2010 to March 2011 by Capital One. The Langel Firm will allege that Capital One violated the ...
Read MoreI went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...
Read MoreThis blog explores when and how companies must support (substantiate") their health-related advertising claims. How Scientific Studies are Used to Prove Health-Advertising Claims Science is a ...
Read MoreThe below list explores the show-down between state law and federal law in the areas of food, beverages, animal products, medication, medical devices, dietary supplements, cigarettes, and more. First, ...
Read More1) What are the elements of false advertising under New York law? For a private plaintiff to "state a claim" under General Business Law § 350, the following elements must be alleged in sufficient ...
Read MoreThis blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...
Read MoreThe below list explores the show-down between state law and federal law in the areas of food, beverages, animal products, medication, medical devices, dietary supplements, cigarettes, and more. First, ...
Read MoreOur client was sued [1] for an alleged Chase debt with a default date of no later than August of 2007. Our firm quickly moved to dismiss the case under Portfolio v. King (Court of Appeals) arguing ...
Read MoreTemporary Relief Followed by Potential Liability for Employment Taxes New York’s PAUSE Order aimed at mitigating the spread of COVID-19 unavoidably devastated business income. Because of that, NYS ...
Read MoreWe have been seeing an interesting trend lately: debt buyers, without legal justification, moving for entry of a default judgment after the legal deadline. That deadline is one year after a consumer ...
Read MoreAs always, time is of the essence when facing an income execution (garnishment). We needed to respond quickly to the final stages of a garnishment executed by Marshal Ronald Moses. In the underlying ...
Read MoreRelated to the issue in our last blog post, we caused the dismissal of a $14,000 case on the grounds that the plaintiff, Unifund, CCR, LLC, waited too long to properly serve our client. Almost a year ...
Read MoreSince our initial introduction to United Guaranty Commercial Insurance of North Carolina in this case, we've been retained by more consumers needing help against this student loan insurer suing in the ...
Read MoreUnited 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 ...
Read MoreHere are some key federal laws regulating food, beverages, dietary supplements, and cosmetics in the United States. Under each section are lists of the 10 most common products regulated under each ...
Read MoreThis blog explores when and how companies must support (substantiate") their health-related advertising claims. How Scientific Studies are Used to Prove Health-Advertising Claims Science is a ...
Read MoreIn general, mislabeling refers to errors or omissions on product labels, while misbranding refers to false or misleading claims or representations about the product. Quick Examples of Mislabeling: A ...
Read MoreThis blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...
Read More1) What are the elements of false advertising under New York law? For a private plaintiff to "state a claim" under General Business Law § 350, the following elements must be alleged in sufficient ...
Read MoreWe 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 ...
Read MoreIn Plummer v. Atlantic Credit & Finance, Inc., [1] the court upheld three general rules: Debt buyers are debt collectors. Buying and selling debts is considered debt collection activity covered under ...
Read More1) What are the elements of false advertising under New York law? For a private plaintiff to "state a claim" under General Business Law § 350, the following elements must be alleged in sufficient ...
Read MoreI went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...
Read MoreThis is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...
Read MoreThis blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...
Read MoreStatutes relating to the enforcement of money judgments require careful reading and analysis. The below fairly summarizes CPLR § 5208 [Enforcement after death of judgment debtor; leave of court; ...
Read MoreWhat is a Levy? The verb "to levy" means "to take or seize property in execution of a judgment." Used in a sentence: "The judgment creditor may levy on the debtor's assets." A levy is the final stage ...
Read MoreAttempted Garnishment after Satisfaction of Judgment: A Case Study In one matter, our client wasn't sued twice but was garnished twice, which also happens. Originally, he hadn't been served properly, ...
Read MoreI went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...
Read MoreThis is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...
Read MoreThis blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...
Read MoreThe below list explores the show-down between state law and federal law in the areas of food, beverages, animal products, medication, medical devices, dietary supplements, cigarettes, and more. First, ...
Read More1) What are the elements of false advertising under New York law? For a private plaintiff to "state a claim" under General Business Law § 350, the following elements must be alleged in sufficient ...
Read MoreFinally 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 ...
Read MoreThis 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 ...
Read MoreBy 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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