Tag Archives: District Court for the Southern District of New York

A District Court judge in New York has granted a preliminary injunction prohibiting the state Attorney General from enforcing a law that bars non-lawyers from practicing law in the state, in a case that was filed to allow volunteers to help individuals being sued for their unpaid debts. A copy …

A District Court judge in New York has granted a defendant’s motion to dismiss a Hunstein lawsuit, albeit for lack of standing, because the plaintiff failed to plead that using a letter vendor violated his privacy and that anyone at the vendor reviewed or otherwise saw the plaintiff’s information. A …

A trio of credit unions from Western New York yesterday filed a class-action complaint seeking an expedited hearing in an attempt to block a new law from going into effect that lowers the maximum rate of post-judgment interest that can be charged in the state to 2%, from 9% currently. …

A District Court judge in New York has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case in which a collection letter included multiple addresses for the defendant, allegedly confusing the plaintiff to the point where he felt his only option was to hand …

A Magistrate Court judge in New York has awarded the attorneys representing a plaintiff in a Fair Debt Collection Practices Act $11,297 in fees, after the plaintiff accepted an offer of judgment in the amount of $1,050 over a $59 debt that was owed to the original creditor. A copy …

In a case that was defended by Rick Perr and Monica Littman of Kaufman Dolowich & Voluck, a District Court judge in New York has granted a defendant’s motion for summary judgment in a class-action Fair Debt Collection Practices Act case, ruling the plaintiff lacked standing to sue because he …

A penny saved is a penny earned, the saying goes. But when it comes to the Fair Debt Collection Practices Act, especially on a debt in excess of $3,000, not suing a debt collector over a penny is the best way to save your money, according to a District Court …

Judge Cathy Seibel of the District Court for the Southern District of New York gets it. Judge Seibel is the latest in a growing line of judges across the country who are ruling that plaintiffs filing Hunstein claims do not have standing to sue in federal court because they did …

Have you ever heard the phrase, “Never look a gift horse in the mouth?” If you had owed someone more than $3,500 and were sent two letters offering you the opportunity to settle that debt for 25% of what you owed, would you take the deal? Or would you turn …

A District Court judge in New York has granted a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act when it sent four letters to an individual that each offered to settle a debt for 50% of the balance owed, while noting …