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 …
Read More »Judge Grants MTD in Hunstein Class-Action for Lack of Standing
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 …
Read More »Credit Unions File Suit to Block New Judgment Interest Rate From Taking Effect in N.Y.
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. …
Read More »Judge Grants MSJ in FDCPA Case Over Multiple Addresses on Payment Coupon
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 …
Read More »Judge Lowers Attorney’s Fees by 30% in FDCPA Settlement
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 …
Read More »Judge Grants Summary Judgment for Defendant in FDCPA Case Over Multiple Addresses on Payment Coupon
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 …
Read More »Judge Grants MTD in FDCPA Case Over $0.01 Discrepancy
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 …
Read More »Judge Grants MTD For Lack of Standing Over Hunstein Claim
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 …
Read More »Judge Grants MTD in FDCPA Case Over Settlement Offer in Letter
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 …
Read More »SDNY Judge Grants MTD in FDCPA Case Over Settlement Language in Letter
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 …
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