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Blog Posts in July, 2013

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  • NJ Court Dismisses FDCPA and FCRA Claims due to Defective Pleadings
    NJ Court Dismisses FDCPA and FCRA Claims due to Defective Pleadings

    The case of Fallas v. Cavalry SPV I, LLC [1] out of the New Jersey District Court reminds us of how important it is to draft specific pleadings in FDCPA and FCRA actions. Here, the plaintiff alleged ...

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

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  • No FDCPA Violation Where Non-Attorney Representative Called Consumer On Behalf of Forster & Garbus
    No FDCPA Violation Where Non-Attorney Representative Called Consumer On Behalf of Forster & Garbus

    In a recent case in the US DIstrict Court for the Eastern District in New York, the plaintiff brought a cause of action against Forster & Garbus, alleging that its practice of having a non-attorney ...

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