For attorneys attempting to collect non-commercial debts for their clients, familiarity with the Fair Debt Collection Practices Act (FDCPA) is essential. The unwary attorney serving as a “debt collector” may expose him/herself to liability for failing to strictly comply with ...

Tagged with: Civil Litigation Debt collection Fair Debt Collection Practices Act Jillian Farrar

You became a lawyer because trial law enthralled you. Ever since you saw “Perry Mason” reruns, you wanted to be in front of that judge and jury, fighting for your clients and justice. But did you ever think that you ...

Tagged with: bills Debt collection Edward Poll

U.S. Court of Appeals for the Second Circuit – Debt Collection – Law Firms – New York State Regulation of Attorneys   Eric M. Berman PC, et al. v. City of New York, et al. 13-598 Judges Pooler, Parker and Chin ...

Tagged with: Debt collection u.s. court of appeals for the second circuit

U.S. Court of Appeals for the Second Circuit – Debt Collection – Debt – Mandatory Water and Sewer Charges   Boyd v. J.E. Robert Co. 12-4422-cv Judges Cabranes, Straub and Livingston   Background: The plaintiffs-appellants commenced a class action alleging violations ...

Tagged with: Debt collection u.s. court of appeals for the second circuit

U.S. Court of Appeals for the Second Circuit Debt Collection Debt – Mandatory Water and Sewer Charges Boyd v. J.E. Robert Co. 12-4422-cv Judges Cabranes, Straub and Livingston Background: The plaintiffs-appellants commenced a class action alleging violations of the Fair ...

Tagged with: Debt collection u.s. court of appeals for the second circuit

Some lawyers engaging in debt collection will now be supervised by the Consumer Financial Protection Bureau pursuant to a new rule promulgated by the agency. It will be the first time lawyers are subject to oversight by a federal agency. ...

Tagged with: Consumer Financial Protection Bureau Debt collection oversight

In a case involving prevailing party costs and an apparent conflict between a federal statute and a rule of civil procedure, the justices of the U.S. Supreme Court considered whether debt collection defendants can recover costs in non-frivolous cases. The ...

Tagged with: Debt collection Fair Debt Collection Practices Act U.S.Supreme Court

Appellate Division, Fourth Department Debt Collection Personal Jurisdiction — Duty to Preserve Documents LHR, Inc. v. T-Mobile USA Inc., et al. CA 11-00535 Appealed from Supreme Court, Erie County Background: The plaintiff, a debt collection agency, commenced an action seeking damages resulting ...

Tagged with: Appellate Division Debt collection Fourth Department personal jurisdiction

For the 11th year in a row, identity theft was the most frequent consumer complaint received by the Federal Trade Commission, according to the latest data released by the agency. The more than 250,000 identify theft reports ...

Tagged with: Debt collection FTC

U.S. Court of Appeals, Second Circuit Debt Collection Venue Hess v. Cohen & Slamowitz LLP 10-424 Appealed from the Northern District of New York Background: This is an appeal from a district court judgment dismissing the plaintiff’s complaint for failure ...

Tagged with: Debt collection Second Circuit U.S Court of Appeals venue

U.S. Court of Appeals, Second Circuit Debt Collection Venue Hess v. Cohen & Slamowitz LLP 10-424 Appealed from the Northern District of New York Background: This appeal is from a judgment of the U.S. District Court for the Northern District ...

Tagged with: Debt collection Second Circuit U.S Court of Appeals venue

U.S. District Court, Western District of New York Debt Collection Pre-Recorded Messages — Exemption from TCPA Claims Santino v. NCO Financial Systems Inc. 09-CV-982 Judge Curtin Background: Plaintiffs Maria and Giuseppe Santino claim that defendant NCO Financial Systems Inc., a ...

Tagged with: Debt collection U.S. District Court Western District of New York