Consumer Defense

New York Post-Judgment Interest Rate Amendment Enjoined

The District Court in Greater Chautauqua Federal Credit Union v. Marks has issued a preliminary injunction stopping the enforcement of New York's recent amendment to its post-judgment interest rate.

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July 17, 2024

Consumer Defense

The Printer Strikes Back – Hunstein Moves To The West Coast and Gets Welcome Reception

Though the volume of Hunstein cases has slowed significantly, cases are continuing to be brought. Surprisingly, the newer cases these days have largely been in just a few states like Florida, New York and Illinois.

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July 17, 2024

Consumer Defense

Be Careful What You Rely On: Washington Court Says Debt Collector’s Reasonable Reliance On Balance Amount From Creditor Not Enough To Avoid FDCPA Violation

In Creager v. Columbia Debt Recovery, a district court judge partially granted plaintiff’s motion for summary judgment,concluding that the debt collector’s attempts to collect an unpaid apartment debt with an balance inflated because the plaintiff had forfeited her security deposit, violated the FDCPA. The information supplied by creditor/client did not protect the debt collector.

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July 17, 2024

Consumer Defense

Confirming What’s “Clear and Conspicuous” Under Reg F - Illinois State Court Gets It!

In a first, a Chancery Court judge for Cook County, Illinois has ruled that an opt-opt notice contained within a collection e-mail satisfied Reg. F’s dual requirements of describing a simple opt out process and providing a clear and conspicuous opt-out disclosure.

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July 17, 2024

Consumer Defense

FDCPA Takes Back Seat To Collection Lawyer – Court Says Letter To Lawyer Not Subject To FDCPA

What happens when a debt collector sends a letter to a lawyer on behalf of that lawyer’s debtor-client, and the letter potentially violates the FDCPA? According to one court in New York, nothing.

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July 17, 2024

Consumer Defense

Thanks For Nothing – Court Rules CFPB’s Safe Harbor For Model Notice Does Not Apply To FDCPA Claims

While most are still recovering from the 11/10/21 Reg. F deadline and the time, effort and expense of gearing up, we all believed that once the work was done, we would have clear rules and a “safe harbor” that would result in fewer silly lawsuits – especially with the Model Notice. Wrong!

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July 16, 2024

Consumer Defense

New York Post-Judgment Interest Rate Amendment Enjoined

The Printer Strikes Back – Hunstein Moves To The West Coast and Gets Welcome Reception

Be Careful What You Rely On: Washington Court Says Debt Collector’s Reasonable Reliance On Balance Amount From Creditor Not Enough To Avoid FDCPA Violation

Confirming What’s “Clear and Conspicuous” Under Reg F - Illinois State Court Gets It!

FDCPA Takes Back Seat To Collection Lawyer – Court Says Letter To Lawyer Not Subject To FDCPA

Thanks For Nothing – Court Rules CFPB’s Safe Harbor For Model Notice Does Not Apply To FDCPA Claims

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