§Why CasetextPricing

Eric M. Berman, P.C., et al., Respondents,v.City of New York, et al., Appellants.

Brief

18 Cited authorities

  1. Heintz v. Jenkins

    514 U.S. 291 (1995)   Cited 1,132 times   8 Legal Analyses
    Holding that “debt collector” as used in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692a, includes attorneys notwithstanding the definition's lack of an express reference to lawyers or litigation

  2. Nix v. Whiteside

    475 U.S. 157 (1986)   Cited 1,066 times   7 Legal Analyses
    Holding first that counsel's refusal to present perjured testimony breached no professional duty and second that it cannot establish prejudice under Strickland

  3. Gonzalez v. Kay

    577 F.3d 600 (5th Cir. 2009)   Cited 1,156 times   1 Legal Analyses
    Holding that some letters are "so deceptive and misleading as to violate the FDCPA as a matter of law," others are not deceptive as a matter of law, and many are somewhere in the middle, requiring further consideration by the district court beyond the initial motion to dismiss phase of the pleadings.

  4. Greco v. Trauner, Cohen Thomas, L.L.P.

    412 F.3d 360 (2d Cir. 2005)   Cited 267 times   3 Legal Analyses
    Holding no misrepresentation, and thus no 1692e liability against the debt collector law firm, where the law firm retained by the creditor clearly disclosed in the letter that the law firm was not acting as an attorney

  5. Lesher v. Law Offices of Mitchell N. Kay, PC

    650 F.3d 993 (3d Cir. 2011)   Cited 160 times   1 Legal Analyses
    Holding that the least sophisticated debtor receiving debt-collection letters on a law firm letter head could reasonably infer that their case is a "candidate for legal action."

  6. Forti v. New York State Ethics Commission

    75 N.Y.2d 596 (N.Y. 1990)   Cited 54 times
    Upholding “revolving door” provisions of state law restricting professional activities of former governmental employees that had “merely incidental” effect on the practice of law

  7. Eric M. Berman, P.C. v. City of N.Y.

    895 F. Supp. 2d 453 (E.D.N.Y. 2012)   Cited 13 times
    Concluding that Local Law 15 was “in direct conflict with New York Judiciary Law §§ 53 and 90 ”

  8. In the Matter of Wong

    275 A.D.2d 1 (N.Y. App. Div. 2000)   Cited 17 times
    Noting the courts' “inherent authority to discipline attorneys for misconduct”

  9. People v. Capoccia

    289 A.D.2d 650 (N.Y. App. Div. 2001)   Cited 3 times
    Holding that delegation of attorney regulation to judiciary did not prevent Attorney General's prosecution of law for engaging in fraudulent business practices

  10. Matter of Zuckerman

    20 N.Y.2d 430 (N.Y. 1967)   Cited 31 times

    Argued September 18, 1967 Decided October 31, 1967 Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department. Emanuel Redfield for Sam Haber, appellant. Landon Zuckerman, appellant in person. Harold M. Spitzer for respondent. VAN VOORHIS, J. On March 3, 1965 appellant Landon Zuckerman was disbarred and appellant Sam Haber was suspended from the practice of law for a period of five years ( 23 A.D.2d 825.) Charges numbered 5-B, 5-F and 5-H were sustained against both

  11. Section 1692 - Congressional findings and declaration of purpose

    15 U.S.C. § 1692   Cited 14,988 times   139 Legal Analyses
    Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"

  12. Section 1692a - Definitions

    15 U.S.C. § 1692a   Cited 6,215 times   83 Legal Analyses
    Defining debt collector

  13. Section 90 - Admission to and removal from practice by appellate division; character committees

    N.Y. Jud. Law § 90   Cited 5,987 times   1 Legal Analyses
    Observing that conviction of a felony results in immediate disbarment of an attorney and that conviction of a “serious crime” results in suspension—with the latter defined either as a crime that is a felony “under the laws of any state, district or territory or of the United States” though not in New York, or which has, as “a necessary element ... interference with the administration of justice, false swearing, misrepresentation, fraud, willful failure to file income tax returns, deceit, bribery, extortion, misappropriation, theft, or an attempt or conspiracy or solicitation of another to commit a serious crime”

  14. Section 53 - Rule-making power of court of appeals as to admission of attorneys and counsellors

    N.Y. Jud. Law § 53   Cited 34 times

    1. The court of appeals may from time to time adopt, amend, or rescind rules not inconsistent with the constitution or statutes of the state, regulating the admission of attorneys and counsellors at law, to practice in all the courts of record of the state. 2. The court may make such provisions as it shall deem proper for admission to practice as attorneys and counsellors, of persons who have been admitted to practice in other states or countries. 3. The court shall prescribe rules providing for

  15. Section 36a-801 - (Formerly Sec. 42-127a). License required. Application, issuance, renewal. Authority to conduct criminal history records check. Examination of records. Abandonment of application. Surrender of license. Required system filing or notice of commissioner. Automatic suspension of license. Name and place of business. Change in any control persons. Unique identifier of license. Advertising of license

    Conn. Gen. Stat. § 36a-801   Cited 10 times   1 Legal Analyses

    (a) No person shall act within this state as a consumer collection agency, directly or indirectly, unless such person has first obtained a required consumer collection agency license for such person's main office and for each branch office where such person's business is conducted. A consumer collection agency is acting within this state if it (1) has its place of business located within this state; (2) has its place of business located outside this state and (A) collects from consumer debtors, property

  16. Section 559.544 - Registration required; exemptions

    Fla. Stat. § 559.544

    (1) No person shall engage in business in this state as a commercial collection agency, as defined in this part, or continue to do business in this state as a commercial collection agency, without first registering in accordance with this part and thereafter maintaining such registration. (2) Each commercial collection agency doing business in this state shall register with the office and annually renew such registration, providing the registration fee, information, and surety bond required by this

  17. Section 1.1 - Definitions

    N.Y. Comp. Codes R. & Regs. tit. 23 § 1.1   Cited 1 times   1 Legal Analyses

    For the purposes of this Part: (a)Charge-off means the accounting action taken by an original creditor to remove a debt obligation from its financial statements by treating it as a loss or expense. (b)Clear and conspicuous means that the statement, representation or term being disclosed is of such size, color, and contrast and/or audibility and is so presented as to be readily noticed and understood by the person to whom it is being disclosed. If such statement is necessary as a modification, explanation