New York City Debt Collection Defense Attorney
    • Access Your Exempt Bank Funds: The Essential Guide to Using the Exemption Claim Form Kit

      The Exemption Claim Form Kit An Attorney-Crafted Solution for Unfreezing Exempt Funds from Frozen Bank Accounts in New York Under New York CPLR §§ 5205, specific funds are protected from bank freezes. ...

      Read More
    • New York Expands Medical Debt Protections: What Patients Need to Know in 2024

      New York has significantly expanded financial assistance and medical debt collection protections for patients effective October 20, 2024. The key requirements include: Expanded Financial Assistance ...

      Read More
    • Medical Debt 101: How Different Hospital Types Affect Your Bills

      Medical debt has become a significant financial burden for many Americans. Approximately 100 million adults in the United States face medical debt, ranging from under $500 to $10,000 or more, ...

      Read More
    • Access Your Exempt Bank Funds: The Essential Guide to Using the Exemption Claim Form Kit

      The Exemption Claim Form Kit An Attorney-Crafted Solution for Unfreezing Exempt Funds from Frozen Bank Accounts in New York Under New York CPLR §§ 5205, specific funds are protected from bank freezes. ...

      Read More
    • The Langel Firm Launches Bank-Release Kit in Etsy Shop Called "Legal Demand Documents"

      FOR IMMEDIATE RELEASE Jesse Langel, Esq. Introduces Innovative Solution to Unfreeze Bank Accounts New York, NY – Renowned consumer protection lawyer and founder of The Langel Firm, Jesse Langel, Esq., ...

      Read More
    • In New York, What Personal Property is Exempt from Creditors?

      In New York, the law that governs property exempt from the satisfaction of money judgments is CPLR § 5205. Below is a general list of what personal property is exempt from the reach of your creditors. ...

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    • Bonus Depreciation of Business Assets: 8 Hot Questions in 2021-2026

      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 More
    • Unmasking Causewashing: How it Serves as Hidden False Advertising

      I 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 More
    • Substantiating Health Claims: Examples of Proof (and Lack Thereof) in Advertising

      This 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 More
    • False Advertising Lawsuits in New York: The Cases

      This 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 More
    • 100 Short Examples of Pareto's 80/20 Rule with 35 Key Insights

      Also 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 ...

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    • Access Your Exempt Bank Funds: The Essential Guide to Using the Exemption Claim Form Kit

      The Exemption Claim Form Kit An Attorney-Crafted Solution for Unfreezing Exempt Funds from Frozen Bank Accounts in New York Under New York CPLR §§ 5205, specific funds are protected from bank freezes. ...

      Read More
    • New York Expands Medical Debt Protections: What Patients Need to Know in 2024

      New York has significantly expanded financial assistance and medical debt collection protections for patients effective October 20, 2024. The key requirements include: Expanded Financial Assistance ...

      Read More
    • Citibank Fails to Show Debtor Retained Account Statements Without objection; Appeals Court Rejects its Account Stated Claim

      In a notable appellate decision, the Appellate Division of the New York State Supreme Court's Second Judicial Department overturned a lower court's decision that had previously favored Citibank in a ...

      Read More
    • Unmasking Causewashing: How it Serves as Hidden False Advertising

      I 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 More
    • Substantiating Health Claims: Examples of Proof (and Lack Thereof) in Advertising

      This 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 More
    • False Advertising Lawsuits in New York: The Cases

      This 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 More
    • Unmasking Causewashing: How it Serves as Hidden False Advertising

      I 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 More
    • Substantiating Health Claims: Examples of Proof (and Lack Thereof) in Advertising

      This 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 More
    • False Advertising Lawsuits in New York: The Cases

      This 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 More
    • Unmasking Causewashing: How it Serves as Hidden False Advertising

      I 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 More
    • Substantiating Health Claims: Examples of Proof (and Lack Thereof) in Advertising

      This 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 More
    • False Advertising Lawsuits in New York: The Cases

      This 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 More
    • Revisiting Amex v. Badalamenti: A Decade Later, Electronic Evidence Under the Microscope

      Upholding Evidentiary Standards in Electronic Debt Claims In the case of American Express Centurion Bank v. Badalamenti, the court scrutinized the evidentiary standards required for electronic records ...

      Read More
    • Court Throws Out American Express Case Due to 'Robo-Testimony' During Trial

      Refurbished Blog: American Express Bank v. Tancreto - A Landmark Case in Credit Card Litigation Introduction: The Case's Continued Relevance in 2023 In 2012, a noteworthy legal battle, American ...

      Read More
    • 21 FAQ's about "Account Stated"| A Legal Guide in Debt Collection Law

      1) 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 More
    • American Express vs. Dalbis: A Case Study on Evidentiary Challenges in Debt Litigation

      This blog reflects on a significant, prior New York City ruling denying American Express Bank's request for a default judgment against a credit card holder due to insufficient evidence. Three findings ...

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    • Revisiting Amex v. Badalamenti: A Decade Later, Electronic Evidence Under the Microscope

      Upholding Evidentiary Standards in Electronic Debt Claims In the case of American Express Centurion Bank v. Badalamenti, the court scrutinized the evidentiary standards required for electronic records ...

      Read More
    • Court Throws Out American Express Case Due to 'Robo-Testimony' During Trial

      Refurbished Blog: American Express Bank v. Tancreto - A Landmark Case in Credit Card Litigation Introduction: The Case's Continued Relevance in 2023 In 2012, a noteworthy legal battle, American ...

      Read More
    • Unmasking Causewashing: How it Serves as Hidden False Advertising

      I 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 More
    • Proving Health-Advertising Claims with Science: A 2023 Legal Guide

      This 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 More
    • Unmasking Causewashing: How it Serves as Hidden False Advertising

      I 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 More
    • Substantiating Health Claims: Examples of Proof (and Lack Thereof) in Advertising

      This 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 More
    • Proving Health-Advertising Claims with Science: A 2023 Legal Guide

      This 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 More
    • Debtor Sues Arrow Financial Services, LLC for Furnishing Negative Marks to Credit Bureaus without First Validating a Disputed Debt

      In 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 ...

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    • Intro to Taxation of Art Galleries with Top 13 Audit Pitfalls

      The 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 More
    • 50 Reasons to Sue your Debt Collector under Federal Law

      The 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 More
    • Asset Acceptance Found Liable under FDCPA for Improperly Collecting Pre-judgment Interest

      A 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 More
    • Asset Acceptance Case Reversed on Appeal; Admissible Evidence of Credit Card Debt Not Submitted with its Summary Judgment Motion

      Debt-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 More
    • Collection Defense: Tips & Hacks #4 (Vacate Judgment, Debt buyers, Court Rules, Asset Recovery Solutions, LLC)

      Inspired 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 More
    • Receive a letter by Asset Recovery Solutions? Demand Validation!

      Assertive 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 More
    • 5 Ways the C.A.R.D. Act is Helping Consumers of Credit

      On 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 ...

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    • Debt Buyer's Failure to Communicate Disputed Nature of Debt to its Collector found Actionable under the FDCPA; Class Action survives Motion to Dismiss

      In 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 More
    • District Court Finds that Communications Directed to a Consumer's Attorney may be Actionable Under the FDCPA

      The 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 More
    • Sample Tax Audit of an Attorney: Look at these burdensome Demands!

      This 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 ...

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    • Attorneys: Beware of these Four Income Related Tax-Audit Triggers

      Attorneys 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 ...

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    • 6 Common Tax Mistakes by Attorneys Relating to Expenses

      Below 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 ...

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    • Access Your Exempt Bank Funds: The Essential Guide to Using the Exemption Claim Form Kit

      The Exemption Claim Form Kit An Attorney-Crafted Solution for Unfreezing Exempt Funds from Frozen Bank Accounts in New York Under New York CPLR §§ 5205, specific funds are protected from bank freezes. ...

      Read More
    • New York Civil Courts Raise Monetary Threshold to $50,000

      The New York Civil Courts have updated their monetary limits for the first time since 1983. This change affects filing costs and the courts' efficiency. This overview will examine the reasons for this ...

      Read More
    • Revisiting Amex v. Badalamenti: A Decade Later, Electronic Evidence Under the Microscope

      Upholding Evidentiary Standards in Electronic Debt Claims In the case of American Express Centurion Bank v. Badalamenti, the court scrutinized the evidentiary standards required for electronic records ...

      Read More
    • Access Your Exempt Bank Funds: The Essential Guide to Using the Exemption Claim Form Kit

      The Exemption Claim Form Kit An Attorney-Crafted Solution for Unfreezing Exempt Funds from Frozen Bank Accounts in New York Under New York CPLR §§ 5205, specific funds are protected from bank freezes. ...

      Read More
    • New York Civil Courts Raise Monetary Threshold to $50,000

      The New York Civil Courts have updated their monetary limits for the first time since 1983. This change affects filing costs and the courts' efficiency. This overview will examine the reasons for this ...

      Read More
    • Revisiting Amex v. Badalamenti: A Decade Later, Electronic Evidence Under the Microscope

      Upholding Evidentiary Standards in Electronic Debt Claims In the case of American Express Centurion Bank v. Badalamenti, the court scrutinized the evidentiary standards required for electronic records ...

      Read More
    • CACH, LLC Unable to Pin Liability on Individual for Business Credit Card

      When it comes to debt collection, CACH, LLC is known for pursuing overdue personal debts. However, their reach extends to business-related debts as well. A recent case, however, highlights the ...

      Read More
    • New York Banks Freeze Double the Judgment Amount. Why?

      Short answer: New York Banks may freeze (hold) double the judgment amount to cover accrued interest and collection expenses. [1] Securing twice the amount due upon the judgment ensures payment of ...

      Read More
    • 21 FAQ's about "Account Stated"| A Legal Guide in Debt Collection Law

      1) 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 More
    • Access Your Exempt Bank Funds: The Essential Guide to Using the Exemption Claim Form Kit

      The Exemption Claim Form Kit An Attorney-Crafted Solution for Unfreezing Exempt Funds from Frozen Bank Accounts in New York Under New York CPLR §§ 5205, specific funds are protected from bank freezes. ...

      Read More
    • The Common Emotions Sabotaging Your Finances | A Debt Lawyer's Perspective

      In financial decision-making, our emotions often lead the way, sometimes guiding us towards prosperity but other times into pitfalls. This article dives deep into behavioral finance, unraveling how ...

      Read More
    • Unmasking Causewashing: How it Serves as Hidden False Advertising

      I 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 More
    • Substantiating Health Claims: Examples of Proof (and Lack Thereof) in Advertising

      This 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 More
    • False Advertising Lawsuits in New York: The Cases

      This 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 More
    • E-Signatures in New York: Validity and Enforceability in Debt Lawsuits

      Understanding E-Signatures and Contractual Waivers in Purchase of Future Receivables In the recent case of AJ Equity Group LLC v. The Office Connection, Inc. et al., 197 N.Y.S.3d 925 (N.Y. Sup. Ct. ...

      Read More
    • Insufficient Evidence of Contract Authenticity Derails Personal Jurisdiction Claim by Purchaser of Future Receivables

      In our collection-defense practice, I often encounter this scenario: an out-of-state defendant being served by email, regular mail, or certified mail. There is only one problem: those methods alone ...

      Read More
    • The Hidden Challenges Debt Buyers Face in Litigation in 2024

      Debt Buyers Confront Tougher Landscape in 2024 In 2024, the standing of debt buyers in New York is influenced by several factors, including regulatory changes and broader economic conditions. The New ...

      Read More
    • Bonus Depreciation of Business Assets: 8 Hot Questions in 2021-2026

      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 More
    • Intro to Taxation of Art Galleries with Top 13 Audit Pitfalls

      The 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 More
    • Employee v. Independent Contractor: The IRS’ 20-Factor Test Analyzed

      Employment 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 More
    • CACH, LLC Unable to Pin Liability on Individual for Business Credit Card

      When it comes to debt collection, CACH, LLC is known for pursuing overdue personal debts. However, their reach extends to business-related debts as well. A recent case, however, highlights the ...

      Read More
    • 50 Reasons to Sue your Debt Collector under Federal Law

      The 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 More
    • Debt Buyers using Confusing Names is a Hot Issue for The Langel Firm

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

      Read More
    • Debt Buyers using Confusing Names is a Hot Issue for The Langel Firm

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

      Read More
    • CACV of Colorado, LLC Fails to Prove it Complied with Settlement Stipulation

      The 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 More
    • Access Your Exempt Bank Funds: The Essential Guide to Using the Exemption Claim Form Kit

      The Exemption Claim Form Kit An Attorney-Crafted Solution for Unfreezing Exempt Funds from Frozen Bank Accounts in New York Under New York CPLR §§ 5205, specific funds are protected from bank freezes. ...

      Read More
    • 25 Essential Q&As for New York Consumers Facing Debt Lawsuits

      Dealing with a debt collection lawsuit can be daunting, especially in New York with our separate City Civil Courts. This comprehensive guide answers 25 critical questions to empower you as a consumer. ...

      Read More
    • 1099-C Forms: Are You Still on the Hook for the Debt?

      Understanding Debt Cancellation and Taxes When a debt you legally owe is canceled, it counts as income that must be reported on your tax return. To ensure individuals meet this obligation, financial ...

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    • Access Your Exempt Bank Funds: The Essential Guide to Using the Exemption Claim Form Kit

      The Exemption Claim Form Kit An Attorney-Crafted Solution for Unfreezing Exempt Funds from Frozen Bank Accounts in New York Under New York CPLR §§ 5205, specific funds are protected from bank freezes. ...

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

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

      Read More
    • Debt Defense: Tips & Hacks 1 (Insightful Defense Strategies)

      Our "Debt Defense: Tips & Hacks" series was inspired by our Facebook page that we're delighted to see obtain increased viewership. Our goal is to provide quick, useable, and current nuggets of ...

      Read More
    • Smart Way to Attack your Creditor's Default Judgment: The "Sum Certain" Element

      Entering 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 More
    • 50 Reasons to Sue your Debt Collector under Federal Law

      The 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 More
    • $14,500 Cavalry Portfolio Judgment Vacated; Schachter Portnoy Acquiesces to Dismissal of its Debt Buyer Lawsuit

      Our 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 More
    • Access Your Exempt Bank Funds: The Essential Guide to Using the Exemption Claim Form Kit

      The Exemption Claim Form Kit An Attorney-Crafted Solution for Unfreezing Exempt Funds from Frozen Bank Accounts in New York Under New York CPLR §§ 5205, specific funds are protected from bank freezes. ...

      Read More
    • 21 FAQ's about "Account Stated"| A Legal Guide in Debt Collection Law

      1) 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 More
    • Debt Defense: Tips & Hacks 1 (Insightful Defense Strategies)

      Our "Debt Defense: Tips & Hacks" series was inspired by our Facebook page that we're delighted to see obtain increased viewership. Our goal is to provide quick, useable, and current nuggets of ...

      Read More
    • E-Signatures in New York: Validity and Enforceability in Debt Lawsuits

      Understanding E-Signatures and Contractual Waivers in Purchase of Future Receivables In the recent case of AJ Equity Group LLC v. The Office Connection, Inc. et al., 197 N.Y.S.3d 925 (N.Y. Sup. Ct. ...

      Read More
    • Insufficient Evidence of Contract Authenticity Derails Personal Jurisdiction Claim by Purchaser of Future Receivables

      In our collection-defense practice, I often encounter this scenario: an out-of-state defendant being served by email, regular mail, or certified mail. There is only one problem: those methods alone ...

      Read More
    • Can a Creditor Use a Driver's Abstract to Verify My Address for Legal Purposes?

      Can a Driving Abstract Help Establish Where I Lived for "Service" of Legal Papers? Yes, a driving abstract or record can be a piece of supporting evidence to help prove where someone lives for legal ...

      Read More
    • Access Your Exempt Bank Funds: The Essential Guide to Using the Exemption Claim Form Kit

      The Exemption Claim Form Kit An Attorney-Crafted Solution for Unfreezing Exempt Funds from Frozen Bank Accounts in New York Under New York CPLR §§ 5205, specific funds are protected from bank freezes. ...

      Read More
    • Citibank Fails to Show Debtor Retained Account Statements Without objection; Appeals Court Rejects its Account Stated Claim

      In a notable appellate decision, the Appellate Division of the New York State Supreme Court's Second Judicial Department overturned a lower court's decision that had previously favored Citibank in a ...

      Read More
    • Can New York Judgments Freeze International Bank Accounts?

      A long-standing question around New York enforcement judgments is - can they reach bank accounts abroad by serving the restraining order on local branch offices? The separate entity rule for banks ...

      Read More
    • E-Signatures in New York: Validity and Enforceability in Debt Lawsuits

      Understanding E-Signatures and Contractual Waivers in Purchase of Future Receivables In the recent case of AJ Equity Group LLC v. The Office Connection, Inc. et al., 197 N.Y.S.3d 925 (N.Y. Sup. Ct. ...

      Read More
    • Insufficient Evidence of Contract Authenticity Derails Personal Jurisdiction Claim by Purchaser of Future Receivables

      In our collection-defense practice, I often encounter this scenario: an out-of-state defendant being served by email, regular mail, or certified mail. There is only one problem: those methods alone ...

      Read More
    • Access Your Exempt Bank Funds: The Essential Guide to Using the Exemption Claim Form Kit

      The Exemption Claim Form Kit An Attorney-Crafted Solution for Unfreezing Exempt Funds from Frozen Bank Accounts in New York Under New York CPLR §§ 5205, specific funds are protected from bank freezes. ...

      Read More
    • Why Animal Welfare is a Rising Concern for Food Shoppers

      Even 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 More
    • Class Action Proceeds Against Fein, Such & Crane, LLP

      A class action was started against a law firm, Fein, Such & Crane, LLP, for allegedly charging fees not authorized by agreement or law. The fees at issue were litigation costs connected to settlements ...

      Read More
    • Account Numbers on Envelopes Doesn't Violate FDCPA, Holds Two Federal Judges

      Although the Fair Debt Collection Practices Act (FDCPA) is broadly applied, visible account numbers through envelope windows do not violate the law, holds two federal judges. The twin rulings appeared ...

      Read More
    • Judgment Creditors Bear the Burden of Proving Claimed Exemptions Inapplicable

      Introduction: When Your Bank Accounts are Suddenly Frozen Imagine waking up one day to find your bank accounts frozen. The money in those accounts represents social security income, pension funds, ...

      Read More
    • Debt Collector Sue you in the Wrong County? Your Statute of Limitations to Retaliate.

      Consumers generally have one year in which to sue a debt collector for violating the Fair Debt Collection Practices Act (FDCPA). Courts are generally strict in enforcing the one-year time limitation ...

      Read More
    • Midland Funding, LLC Summary Judgment Motion Denied as Inexcusably Late

      Facing 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 More
    • E-Signatures in New York: Validity and Enforceability in Debt Lawsuits

      Understanding E-Signatures and Contractual Waivers in Purchase of Future Receivables In the recent case of AJ Equity Group LLC v. The Office Connection, Inc. et al., 197 N.Y.S.3d 925 (N.Y. Sup. Ct. ...

      Read More
    • Access Your Exempt Bank Funds: The Essential Guide to Using the Exemption Claim Form Kit

      The Exemption Claim Form Kit An Attorney-Crafted Solution for Unfreezing Exempt Funds from Frozen Bank Accounts in New York Under New York CPLR §§ 5205, specific funds are protected from bank freezes. ...

      Read More
    • The Langel Firm Launches Bank-Release Kit in Etsy Shop Called "Legal Demand Documents"

      FOR IMMEDIATE RELEASE Jesse Langel, Esq. Introduces Innovative Solution to Unfreeze Bank Accounts New York, NY – Renowned consumer protection lawyer and founder of The Langel Firm, Jesse Langel, Esq., ...

      Read More
    • E-Signatures in New York: Validity and Enforceability in Debt Lawsuits

      Understanding E-Signatures and Contractual Waivers in Purchase of Future Receivables In the recent case of AJ Equity Group LLC v. The Office Connection, Inc. et al., 197 N.Y.S.3d 925 (N.Y. Sup. Ct. ...

      Read More
    • Insufficient Evidence of Contract Authenticity Derails Personal Jurisdiction Claim by Purchaser of Future Receivables

      In our collection-defense practice, I often encounter this scenario: an out-of-state defendant being served by email, regular mail, or certified mail. There is only one problem: those methods alone ...

      Read More
    • Access Your Exempt Bank Funds: The Essential Guide to Using the Exemption Claim Form Kit

      The Exemption Claim Form Kit An Attorney-Crafted Solution for Unfreezing Exempt Funds from Frozen Bank Accounts in New York Under New York CPLR §§ 5205, specific funds are protected from bank freezes. ...

      Read More
    • E-Signatures in New York: Validity and Enforceability in Debt Lawsuits

      Understanding E-Signatures and Contractual Waivers in Purchase of Future Receivables In the recent case of AJ Equity Group LLC v. The Office Connection, Inc. et al., 197 N.Y.S.3d 925 (N.Y. Sup. Ct. ...

      Read More
    • Insufficient Evidence of Contract Authenticity Derails Personal Jurisdiction Claim by Purchaser of Future Receivables

      In our collection-defense practice, I often encounter this scenario: an out-of-state defendant being served by email, regular mail, or certified mail. There is only one problem: those methods alone ...

      Read More
    • Access Your Exempt Bank Funds: The Essential Guide to Using the Exemption Claim Form Kit

      The Exemption Claim Form Kit An Attorney-Crafted Solution for Unfreezing Exempt Funds from Frozen Bank Accounts in New York Under New York CPLR §§ 5205, specific funds are protected from bank freezes. ...

      Read More
    • Insufficient Evidence of Contract Authenticity Derails Personal Jurisdiction Claim by Purchaser of Future Receivables

      In our collection-defense practice, I often encounter this scenario: an out-of-state defendant being served by email, regular mail, or certified mail. There is only one problem: those methods alone ...

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    • Equable Ascent Financial Case Study: Examine the Specifics of the Debt

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    • In New York, What Personal Property is Exempt from Creditors?

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    • Collector Induce you to Settle to Stop Legal Action... but Judgment Entered Anyway?

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

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    • Unmasking Causewashing: How it Serves as Hidden False Advertising

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    • Debt Buyers Changing Attorneys: Do I get Notified?

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    • 50 Reasons to Sue your Debt Collector under Federal Law

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    • The Langel Firm Wipes Out $30K Garnishment by Great Seneca Financial

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    • Substantiating Health Claims: Examples of Proof (and Lack Thereof) in Advertising

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    • Is Humane Washing of Meat and Poultry False Advertising?

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    • Unmasking Causewashing: How it Serves as Hidden False Advertising

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    • Substantiating Health Claims: Examples of Proof (and Lack Thereof) in Advertising

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    • False Advertising Lawsuits in New York: The Cases

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    • The Langel Firm Launches Bank-Release Kit in Etsy Shop Called "Legal Demand Documents"

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    • In New York, What Personal Property is Exempt from Creditors?

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    • Judgment Liens Explained: What Debtors and Creditors Need to Know

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    • Unrecorded Debt Assignments Remain Legally Binding - What This Means for New York Debtors

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    • Lack of Substitution of Counsel & Retention of Money in Violation of Court Order Found not Violative of FDCPA, Holds New York Federal Court

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    • How to Respond to a Summons and Complaint in New York City

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    • Mislabeling vs. Misbranding: A Practical Guide with Examples

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    • Facing the Surge: How 2023's Interest Rates Challenge Consumer Debtors

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    • Sample Tax Audit of an Attorney: Look at these burdensome Demands!

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  • IRS
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    • The National Taxpayer Advocate Points to Systemic Flaws within the IRS

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    • E-Signatures in New York: Validity and Enforceability in Debt Lawsuits

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    • Access Your Exempt Bank Funds: The Essential Guide to Using the Exemption Claim Form Kit

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    • 25 Essential Q&As for New York Consumers Facing Debt Lawsuits

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    • 21 FAQ's about "Account Stated"| A Legal Guide in Debt Collection Law

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    • 25 Essential Q&As for New York Consumers Facing Debt Lawsuits

      Dealing with a debt collection lawsuit can be daunting, especially in New York with our separate City Civil Courts. This comprehensive guide answers 25 critical questions to empower you as a consumer. ...

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    • Motion for Summary Judgment: A Guide for New Yorkers

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    • The Langel Firm Settled a $69,139 Judgment (Pinpoint Technologies) for $2,000

      Our 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 ...

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    • Wife not Allowed to "Stand In" for Husband at Traverse Hearing Using Power of Attorney in Lawsuit Brought by Pinpoint Technologies, LLC

      A 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 ...

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    • Consumer Given Another Chance to Challenge Pinpoint Technologies' Affidavit of Service

      Often 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 ...

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    • Substantiating Health Claims: Examples of Proof (and Lack Thereof) in Advertising

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    • Proving Health-Advertising Claims with Science: A 2023 Legal Guide

      This 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 ...

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    • The Ultimate Guide to False-Advertising Law in New York: 22 FAQs

      1) 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 ...

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    • 15 FAQ’s about Statute of Limitations, Debt Collection, and Credit Reporting

      1) What is the statute of limitations? The statute of limitations is 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 ...

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    • 50 Reasons to Sue your Debt Collector under Federal Law

      The 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 ...

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    • CFPB Stiffly Penalizes Midland Funding and Portfolio Recovery Associates for Collection Defects

      The 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 ...

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    • Unmasking Causewashing: How it Serves as Hidden False Advertising

      I 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 ...

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    • Mislabeling vs. Misbranding: A Practical Guide with Examples

      In 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 More
    • Does Federal Law "Preempt" (Block) State Lawsuits for Mislabeling?

      The 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, ...

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    • Unifund CCR Case Dismissed for Failure to Timely Serve Summons

      Related 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 ...

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    • This week, The Firm quickly disposes cases by Mel Harris and Pressler & Pressler

      The 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, ...

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    • Midland Funding, LLC and Pressler & Pressler, LLP ignored procedure to oppose debtor's claim of exempt money in his frozen bank account; Bank account restraint vacated.

      The 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 ...

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    • Substantiating Health Claims: Examples of Proof (and Lack Thereof) in Advertising

      This 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 More
    • Proving Health-Advertising Claims with Science: A 2023 Legal Guide

      This 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 ...

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    • Advertising Law in 2023: Health Claims Analyzed

      What 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. ...

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    • Access Your Exempt Bank Funds: The Essential Guide to Using the Exemption Claim Form Kit

      The Exemption Claim Form Kit An Attorney-Crafted Solution for Unfreezing Exempt Funds from Frozen Bank Accounts in New York Under New York CPLR §§ 5205, specific funds are protected from bank freezes. ...

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    • The Langel Firm Launches Bank-Release Kit in Etsy Shop Called "Legal Demand Documents"

      FOR IMMEDIATE RELEASE Jesse Langel, Esq. Introduces Innovative Solution to Unfreeze Bank Accounts New York, NY – Renowned consumer protection lawyer and founder of The Langel Firm, Jesse Langel, Esq., ...

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    • Garnishments Alone do Not Waive Claims of Bad "Service"

      Exploring Waiver in a Wage Garnishment: Esgro v. Banks Case Analysis In Esgro Capital Management, LLC v. Sharae Banks, a critical legal question was raised: Can a defendant subject to wage garnishment ...

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    • Garnishments Alone do Not Waive Claims of Bad "Service"

      Exploring Waiver in a Wage Garnishment: Esgro v. Banks Case Analysis In Esgro Capital Management, LLC v. Sharae Banks, a critical legal question was raised: Can a defendant subject to wage garnishment ...

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    • 2024 Lessons About a $260K Judgment Tossed in 2011: "Dwelling Place" or "Abode"

      In the 2011 case handled by The Langel Firm, we overturned a $266,382 judgment and compelled the dismissal of the case. This foreign-judgment case represented a significant legal victory underscoring ...

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    • Methods of Service of Legal Papers on a Person: New York

      Understanding 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 ...

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    • Unmasking Causewashing: How it Serves as Hidden False Advertising

      I 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 More
    • Substantiating Health Claims: Examples of Proof (and Lack Thereof) in Advertising

      This 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 More
    • False Advertising Lawsuits in New York: The Cases

      This 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" ...

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    • Insufficient Evidence of Contract Authenticity Derails Personal Jurisdiction Claim by Purchaser of Future Receivables

      In our collection-defense practice, I often encounter this scenario: an out-of-state defendant being served by email, regular mail, or certified mail. There is only one problem: those methods alone ...

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    • The Langel Firm Wipes Out $16K Judgment by RAB Performance Recoveries

      Another 2009 debt-buyer judgment emerges to garnish our client's wages. In this case, the debt buyer was RAB Performance Recoveries represented by Malen & Associates, P.C. A City Marshal served our ...

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    • Unmasking Causewashing: How it Serves as Hidden False Advertising

      I 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 More
    • Substantiating Health Claims: Examples of Proof (and Lack Thereof) in Advertising

      This 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 More
    • Federal Laws that Govern Food, Supplements, and Cosmetics

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    • LVNV Funding, LLC and Resurgent Capital Sued for Misidentifying Actual Owner of Debt and Improperly Shifting Court Costs to Consumers

      Many original creditors write off bad debts and sell them to third party debt collectors who use aggressive, and sometimes unlawful, practices to collect those debts in violation of the Fair Debt ...

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    • Class action against LVNV Funding, Resurgent, and Mel S. Harris Survives Dismissal Motion

      In 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 ...

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    • Resurgent Capital Services, LLC Fails in its Attempt to "Amend" the Caption to Replace it with LVNV Funding as Real Party in Credit Card Lawsuit

      Resurgent 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, ...

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    • The Langel Firm Swiftly Resolves Cases against United Guaranty Commercial Insurance of North Carolina

      Since 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 ...

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    • Case Study: Challenging Out-of-State Wage Garnishment by a Debt Collector

      This case [1] represents a recurring pattern in debt collection lawsuits: our client was sued in a county in which he never lived, has since moved to another state, and is suffering a wage garnishment ...

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    • Sued By National Collegiate Student Loan Trust? Some Basic Information

      What 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 ...

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    • Equable Ascent Financial Case Study: Examine the Specifics of the Debt

      Our 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 ...

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    • Rushmore Recoveries has no Evidentiary Foundation to Warrant Summary Judgment, Holds Court: Business Records Exception to Hearsay Rule Not Shown

      The 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 ...

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    • Substantiating Health Claims: Examples of Proof (and Lack Thereof) in Advertising

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      Read More
    • Proving Health-Advertising Claims with Science: A 2023 Legal Guide

      This 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 More
    • Mislabeling vs. Misbranding: A Practical Guide with Examples

      In 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 More
    • Motion for Summary Judgment: A Guide for New Yorkers

      What 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 ...

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    • What Happens to Judgment Enforcement upon Death?

      Statutes relating to the enforcement of money judgments require careful reading and analysis. The below summarizes CPLR § 5208 [Enforcement after death of judgment debtor; leave of court; extension of ...

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    • Unrecorded Debt Assignments Remain Legally Binding - What This Means for New York Debtors

      The Validity of Debt Assignments Without Court Recording The Case of Musah v Houslanger & Associates In a pivotal ruling, the Federal District Court for the Southern District of New York provided ...

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    • Pay off a New York Judgment? Creditor is Obligated to File Satisfaction or Pay Penalty.

      Understanding 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 ...

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    • $14,500 Cavalry Portfolio Judgment Vacated; Schachter Portnoy Acquiesces to Dismissal of its Debt Buyer Lawsuit

      Our 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 ...

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    • Insufficient Evidence of Contract Authenticity Derails Personal Jurisdiction Claim by Purchaser of Future Receivables

      In our collection-defense practice, I often encounter this scenario: an out-of-state defendant being served by email, regular mail, or certified mail. There is only one problem: those methods alone ...

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    • Can a Creditor Use a Driver's Abstract to Verify My Address for Legal Purposes?

      Can a Driving Abstract Help Establish Where I Lived for "Service" of Legal Papers? Yes, a driving abstract or record can be a piece of supporting evidence to help prove where someone lives for legal ...

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    • Garnishments Alone do Not Waive Claims of Bad "Service"

      Exploring Waiver in a Wage Garnishment: Esgro v. Banks Case Analysis In Esgro Capital Management, LLC v. Sharae Banks, a critical legal question was raised: Can a defendant subject to wage garnishment ...

      Read More
    • 4-Step Approach to Settling a Debt (2023)

      Dealing 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 ...

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    • Clerk vs. Judge: Two Paths to Default Judgments in NY

      What exactly is a “default” in law? A “default” is “an omission, or a failure to do that which is anticipated, expected, or required in a given situation." (Legaldictionary.com). Failing to answer a ...

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    • Do I Have to Pay the Creditor's Attorneys' Fees if I Lose My Credit Card Lawsuit?

      The Basic Rule: No Automatic Attorney's Fees In New York, attorney's fees are not typically recoverable damages unless a specific contractual agreement or statute exists. This is known as "the ...

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    • Vacating a Default Judgment in New York: 8 Fine Points of Law (with Examples)

      Receive notice of a wage garnishment? Is your bank account frozen? Below are some points to consider when considering a motion to vacate (overturn) the judgment. This blog provides tips and insights ...

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    • How to Respond to a Summons and Complaint in New York City

      If you have been served with a summons and complaint in New York City, you must respond in a timely manner to prevent a default judgment. This article provides you with the knowledge to do so. This ...

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    • Unifund CCR, LLC Unable to Prove Ownership of Consumer Debt; Case Dismissed

      In 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 ...

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    • The Langel Firm Swiftly Causes Dismissal of $86,473.47 Bank Lawsuit

      Regions Bank sued our client in for a line of credit issued for $90,000.00. This blog details our defensive strategy to combat the lawsuit and secure a favorable outcome for our client. Challenging ...

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    • Need to Vacate a Default Judgment? Include Good "Excuses" for Not Defending

      Facing a wage garnishment or bank restraint due to a judgment? Consider the excuses below to help you overturn the judgment at issue. New York law (CPLR § 5015) allows you to file a motion to vacate a ...

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    • Debt Collectors Ignoring Your Settlement? How to Fight Back

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    • Bank Account Seized? Discover Why Fast Settlements Offer Financial Relief

      Each case must be considered under its facts and circumstances. Although our Recent Victories reflect many of our outright dismissals, it is essential to know that settlement — especially in the ...

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    • The Langel Firm Settled a $69,139 Judgment (Pinpoint Technologies) for $2,000

      Our 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 More
    • The Langel Firm Quickly Causes Voluntary Dismissal of Chase/Troy Capital Debt Lawsuit Raising Statute of Limitations

      Our 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 ...

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    • Vacating a Default Judgment in New York: 8 Fine Points of Law (with Examples)

      Receive notice of a wage garnishment? Is your bank account frozen? Below are some points to consider when considering a motion to vacate (overturn) the judgment. This blog provides tips and insights ...

      Read More
    • How to Respond to a Summons and Complaint in New York City

      If you have been served with a summons and complaint in New York City, you must respond in a timely manner to prevent a default judgment. This article provides you with the knowledge to do so. This ...

      Read More
    • Legal Glossary: Debtor-Creditor Law (New York 2023)

      The 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 More
    • Insufficient Evidence of Contract Authenticity Derails Personal Jurisdiction Claim by Purchaser of Future Receivables

      In our collection-defense practice, I often encounter this scenario: an out-of-state defendant being served by email, regular mail, or certified mail. There is only one problem: those methods alone ...

      Read More
    • Unmasking Causewashing: How it Serves as Hidden False Advertising

      I 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 More
    • False Advertising Lawsuits in New York: The Cases

      This 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 More
    • Proving Health-Advertising Claims with Science: A 2023 Legal Guide

      This 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 More
    • Unmasking Causewashing: How it Serves as Hidden False Advertising

      I 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 More
    • Substantiating Health Claims: Examples of Proof (and Lack Thereof) in Advertising

      This 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 More
    • Proving Health-Advertising Claims with Science: A 2023 Legal Guide

      This 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 More
    • Deferred Interest Credit Card Offers.... Free Credit or Debt Time Bombs?

      Imagine 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, ...

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  • Tax
    • Bonus Depreciation of Business Assets: 8 Hot Questions in 2021-2026

      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), ...

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    • Intro to Taxation of Art Galleries with Top 13 Audit Pitfalls

      The 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 ...

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    • Employee v. Independent Contractor: The IRS’ 20-Factor Test Analyzed

      Employment 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 ...

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    • Intro to Taxation of Art Galleries with Top 13 Audit Pitfalls

      The 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 More
    • Employee v. Independent Contractor: The IRS’ 20-Factor Test Analyzed

      Employment 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 More
    • Sample Tax Audit of an Attorney: Look at these burdensome Demands!

      This 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 ...

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    • Legal Glossary: Debtor-Creditor Law (New York 2023)

      The 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 More
    • Debt: The Good, The Bad, and The Strategic

      In 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 More
    • Can a Debt Collector Place a Lien on My Home? Yes, Here's How

      Yes. 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 ...

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    • 15 FAQ’s about Statute of Limitations, Debt Collection, and Credit Reporting

      1) What is the statute of limitations? The statute of limitations is 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 ...

      Read More
    • New York Alert: Active Tax-Debt Settlement Scam

      Friends, 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 ...

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    • State or Local Tax Liens Appearing on Your Credit Report? We Can Help

      If 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 More
    • 15 FAQ’s about Statute of Limitations, Debt Collection, and Credit Reporting

      1) What is the statute of limitations? The statute of limitations is 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 ...

      Read More
    • New York Alert: Active Tax-Debt Settlement Scam

      Friends, 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 More
    • State or Local Tax Liens Appearing on Your Credit Report? We Can Help

      If 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 More
    • Taxation of Lawsuit Recoveries: 10 Points of Law

      The 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 More
    • Tax Court Filing Deadlines are Not Extendable

      Tax 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 ...

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    • Is your Tax Accountant Covered under the Attorney-Client Privilege?

      Under 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 ...

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    • Taxation of Lawsuit Recoveries: 10 Points of Law

      The 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 More
    • New York Alert: Active Tax-Debt Settlement Scam

      Friends, 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 More
    • State or Local Tax Liens Appearing on Your Credit Report? We Can Help

      If 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 More
    • Most Frequent Debt Collection Complaints of 2015

      The 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 ...

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    • Debt Collectors Threatening You With Jail Time? You Have a Claim Under the FDCPA

      The 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 ...

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    • The Langel Firm preparing to launch TCPA case against Capital One

      At 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 More
    • Unmasking Causewashing: How it Serves as Hidden False Advertising

      I 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 More
    • Proving Health-Advertising Claims with Science: A 2023 Legal Guide

      This 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 More
    • Misled by False Advertising? Fight Back! Free Consultation (Questionnaire)

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    • Does Federal Law "Preempt" (Block) State Lawsuits for Mislabeling?

      The 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 More
    • The Ultimate Guide to False-Advertising Law in New York: 22 FAQs

      1) 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 More
    • False Advertising Lawsuits in New York: The Cases

      This 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 More
    • Does Federal Law "Preempt" (Block) State Lawsuits for Mislabeling?

      The 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 More
    • The Langel Firm Quickly Causes Voluntary Dismissal of Chase/Troy Capital Debt Lawsuit Raising Statute of Limitations

      Our 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 More
    • Who is Liable for Employment Taxes in Wake of Covid-19 Business Closures?

      Temporary 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 ...

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    • Unifund CCR, LLC Case Dismissed for Not Seeking Default Quickly Enough

      We 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 More
    • $36,000 Unifund Garnishment Stopped in its Tracks; Case Discontinued

      As 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 More
    • Unifund CCR Case Dismissed for Failure to Timely Serve Summons

      Related 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 More
    • The Langel Firm Swiftly Resolves Cases against United Guaranty Commercial Insurance of North Carolina

      Since 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 ...

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    • The Langel Firm Compels United Guaranty's Discontinuance of $37K Student Loan Case

      United Guaranty Commercial Insurance Company of North Carolina faced stiff opposition when it sued a valued client of ours. Immediately, we challenged the capacity of this corporate entity, its right ...

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    • Federal Laws that Govern Food, Supplements, and Cosmetics

      Here 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 ...

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    • Proving Health-Advertising Claims with Science: A 2023 Legal Guide

      This 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 ...

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    • Mislabeling vs. Misbranding: A Practical Guide with Examples

      In 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 ...

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    • False Advertising Lawsuits in New York: The Cases

      This 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" ...

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    • The Ultimate Guide to False-Advertising Law in New York: 22 FAQs

      1) 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 ...

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    • 2024 Lessons About a $260K Judgment Tossed in 2011: "Dwelling Place" or "Abode"

      In the 2011 case handled by The Langel Firm, we overturned a $266,382 judgment and compelled the dismissal of the case. This foreign-judgment case represented a significant legal victory underscoring ...

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    • In New York, What Personal Property is Exempt from Creditors?

      In New York, the law that governs property exempt from the satisfaction of money judgments is CPLR § 5205. Below is a general list of what personal property is exempt from the reach of your creditors. ...

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    • Need to Vacate a Default Judgment? Include Good "Excuses" for Not Defending

      Facing a wage garnishment or bank restraint due to a judgment? Consider the excuses below to help you overturn the judgment at issue. New York law (CPLR § 5015) allows you to file a motion to vacate a ...

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    • Debt Buyers using Confusing Names is a Hot Issue for The Langel Firm

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

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    • Debt Buyer's Failure to Communicate Disputed Nature of Debt to its Collector found Actionable under the FDCPA; Class Action survives Motion to Dismiss

      In 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 ...

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    • The Ultimate Guide to False-Advertising Law in New York: 22 FAQs

      1) 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 ...

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    • Unmasking Causewashing: How it Serves as Hidden False Advertising

      I 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 ...

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    • Substantiating Health Claims: Examples of Proof (and Lack Thereof) in Advertising

      This 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 ...

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    • False Advertising Lawsuits in New York: The Cases

      This 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" ...

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    • What Happens to Judgment Enforcement upon Death?

      Statutes relating to the enforcement of money judgments require careful reading and analysis. The below summarizes CPLR § 5208 [Enforcement after death of judgment debtor; leave of court; extension of ...

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    • Judgment Liens Explained: What Debtors and Creditors Need to Know

      A judgment lien arises when a court rules you owe a debt, allowing the creditor to claim your nonexempt property until the debt is paid.A judgment lien is created after the entry of a judgment. If you ...

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    • Know Your Rights Against Wage Garnishment Discrimination in New York

      Getting your wages garnished due to debt can be stressful enough. But did you know that under New York law, your employer cannot legally punish you for it? As set forth below, New York CPLR § 5252 ...

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    • Unmasking Causewashing: How it Serves as Hidden False Advertising

      I 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 More
    • Substantiating Health Claims: Examples of Proof (and Lack Thereof) in Advertising

      This 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 More
    • False Advertising Lawsuits in New York: The Cases

      This 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" ...

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    • Does Federal Law "Preempt" (Block) State Lawsuits for Mislabeling?

      The 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, ...

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    • The Ultimate Guide to False-Advertising Law in New York: 22 FAQs

      1) 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 ...

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

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

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    • Collector Induce you to Settle to Stop Legal Action... but Judgment Entered Anyway?

      This situation is common. You agree to settle a collection lawsuit in exchange for a promise to stop the case. You pay as agreed, but then find yourself on the wrong end of a default judgment. The ...

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

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

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