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LaCourte v. JP Morgan Chase & Co. et al

MEMORANDUM OF LAW in Support re: 85 MOTION for Summary Judgment.. Document

53 Cited authorities

  1. Clark v. Capital Credit Collection Serv

    460 F.3d 1162 (9th Cir. 2006)   Cited 588 times   3 Legal Analyses
    Holding that "general principles of agency ... form the basis of vicarious liability under the FDCPA"

  2. Kropelnicki v. Siegel

    290 F.3d 118 (2d Cir. 2002)   Cited 540 times   2 Legal Analyses
    Holding that plaintiff lacked standing to bring FDCPA claim because even if "the contents of a letter violated the FDCPA," the letter "was not addressed to her."

  3. Jacobson v. Healthcare

    516 F.3d 85 (2d Cir. 2008)   Cited 407 times
    Holding that a debt collection letter did not violate 15 U.S.C. § 1692g where the plaintiff's "right to seek validation of the debt was . . . explained, not on the back of the demand letter, but on its face, below the initial statement, and in clear terms"

  4. Russell v. Equifax A.R.S

    74 F.3d 30 (2d Cir. 1996)   Cited 593 times
    Holding that FDCPA claims should be reviewed by considering "how the least sophisticated consumer"—not "average, everyday, common consumer—understands the notice"

  5. Harvey v. Great Seneca Financial Corp.

    453 F.3d 324 (6th Cir. 2006)   Cited 373 times
    Holding that filing of debt collection action did not constitute harassment or abuse even when debt collector lacked means to establish debt at time of filing action

  6. Guerrero v. RJM Acquisitions LLC

    499 F.3d 926 (9th Cir. 2007)   Cited 254 times   1 Legal Analyses
    Holding that “communications directed only to a debtor's attorney, and unaccompanied by any threat to contact the debtor, are not actionable under the [FDCPA]” (footnote omitted)

  7. In re Wachovia Equity Securities Litigation

    753 F. Supp. 2d 326 (S.D.N.Y. 2011)   Cited 182 times   1 Legal Analyses
    Holding that Section 11 claim was not subject to Rule 9(b) when plaintiffs segregated their Securities Act negligence claims from their fraud-based claims, and that plaintiffs' allegations that defendants engaged in fraud did not preclude negligence-based claims against defendants as well

  8. Amalfitano v. Rosenberg

    2009 N.Y. Slip Op. 1069 (N.Y. 2009)   Cited 117 times   1 Legal Analyses
    Holding that an attempted, but unsuccessful, deceit may provide a basis for a claim under Judiciary Law § 487

  9. Amalfitano v. Rosenberg

    533 F.3d 117 (2d Cir. 2008)   Cited 71 times
    Noting split in New York authority

  10. Beattie v. D.M. Collections, Inc.

    754 F. Supp. 383 (D. Del. 1991)   Cited 107 times
    Holding ultimately the issue of whether the reliance was reasonable was a matter for trial

  11. Section 1692 - Congressional findings and declaration of purpose

    15 U.S.C. § 1692   Cited 15,140 times   141 Legal Analyses
    Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"

  12. Section 1961 - Definitions

    18 U.S.C. § 1961   Cited 15,089 times   72 Legal Analyses
    Defining what the terms “person” and “enterprise” include

  13. Section 1692e - False or misleading representations

    15 U.S.C. § 1692e   Cited 6,992 times   110 Legal Analyses
    Banning "[t]he threat to take any action that cannot legally be taken or that is not intended to be taken"

  14. Section 1681 - Congressional findings and statement of purpose

    15 U.S.C. § 1681   Cited 6,443 times   195 Legal Analyses
    Recognizing the need to protect "the consumer's right to privacy"

  15. Section 1692k - Civil liability

    15 U.S.C. § 1692k   Cited 6,164 times   66 Legal Analyses
    Holding debt collectors civilly liable for illicit debt collection practices

  16. Section 349 - Deceptive acts and practices unlawful

    N.Y. Gen. Bus. Law § 349   Cited 4,908 times   108 Legal Analyses
    Granting "any person who has been injured by reason of any violation of this section" the right to "bring an action in his own name"

  17. Section 1692g - Validation of debts

    15 U.S.C. § 1692g   Cited 3,474 times   70 Legal Analyses
    Setting forth requirements for disputing a debt

  18. Section 1681n - Civil liability for willful noncompliance

    15 U.S.C. § 1681n   Cited 2,362 times   42 Legal Analyses
    In §§1681n and 1681o, the Act authorizes consumer suits for money damages against "[a]ny person" who willfully or negligently fails to comply with this directive.

  19. Section 487 - Misconduct by attorneys

    N.Y. Jud. Law § 487   Cited 1,206 times   2 Legal Analyses
    Providing for civil liability where an attorney "[i]s guilty of deceit or collusion . . . with intent to deceive the court or any party . . ."

  20. Section 1681o - Civil liability for negligent noncompliance

    15 U.S.C. § 1681o   Cited 1,169 times   7 Legal Analyses
    Subjecting persons who "negligently" fail to comply to only compensatory damages

  21. Section 130-1.1a - Signing of papers

    N.Y. Comp. Codes R. & Regs. tit. 22 § 130-1.1a   Cited 59 times

    (a) Signature. Every pleading, written motion, and other paper, served on another party or filed or submitted to the court shall be signed by an attorney, or by a party if the party is not represented by an attorney, with the name of the attorney or party clearly printed or typed directly below the signature. Absent good cause shown, the court shall strike any unsigned paper if the omission of the signature is not corrected promptly after being called to the attention of the attorney or party. (b)