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Tag Archives: Debt collection

Civil Litigation: The FDCPA — what you don’t know can hurt you

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 ...

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Second Circuit — Debt Collection: Boyd v. J.E. Robert Co.

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 ...

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Court asked if debt collection defendants can recover costs

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 ...

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Fourth Department — Debt Collection: LHR, Inc. v. T-Mobile USA Inc., et al.

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 ...

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ID theft remains FTC’s top consumer complaint

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 ...

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Debt Collection: Santino v. NCO Financial Systems Inc.

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 ...

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