15 Cited authorities

Kropelnicki v. Siegel
290 F.3d 118 (2d Cir. 2002) Cited 546 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."
Johnson v. Bac Home Loans Servicing, LP
867 F. Supp. 2d 766 (E.D.N.C. 2011) Cited 203 times
Holding that the plaintiff sufficiently alleged that defendant may be a debt collector by stating that defendant handled the underlying foreclosure proceeding attempting to collect plaintiff's debt
Foti v. NCO Financial Systems, Inc.
424 F. Supp. 2d 643 (S.D.N.Y. 2006) Cited 230 times 2 Legal Analyses
Holding that the plaintiffs' Section 1692f claim was deficient where the plaintiffs did not "identify any misconduct beyond that which Plaintiffs assert violate other provisions of the FDCPA."
Sykes v. Mel Harris & Associates, LLC
757 F. Supp. 2d 413 (S.D.N.Y. 2010) Cited 115 times
Holding that Rooker– Feldman did not apply because the plaintiffs sought, "inter alia , declaratory relief that defendants violated the law and injunctive relief via notice to putative class members that is independent of the state-court judgments"
Osborn v. Ekpsz, LLC
821 F. Supp. 2d 859 (S.D. Tex. 2011) Cited 44 times
Holding the defendant's letter which informed the plaintiff that she could request verification of the alleged debt but failed to state that the request had to be in writing did not fully comply with the statutory requirement
Adams v. Law Offices of Stuckert Yates
926 F. Supp. 521 (E.D. Pa. 1996) Cited 65 times
Holding that "[t]o avoid trouble, please pay immediately" overshadowed the validation notice
Edwards v. McCormick
136 F. Supp. 2d 795 (S.D. Ohio 2001) Cited 51 times
Finding bona fide error defense applicable where debt collector reasonably relied on incorrect information supplied by creditor that individual was a financially responsible party
Coble v. Cohen & Slamowitz, LLP
824 F. Supp. 2d 568 (S.D.N.Y. 2011) Cited 18 times
Holding that defendant law firm concealed cause of action from Plaintiffs by filing affirmations in court that "affirmatively re[-]asserted the validity of ... affidavits [from process servers] they knew to be false," and reasoning that "[b]ecause plaintiffs had no reason to doubt the authenticity of the ... affidavits ... defendants' conduct prevented plaintiffs from discovering their claims under the FDCPA in a timely manner."
Hasbrouck v. Arrow Financial Services LLC
1:09-cv-748 (GLS\RFT) (N.D.N.Y. Mar. 26, 2010) Cited 4 times
1:09-cv-748 (GLS\RFT). March 26, 2010 FOR THE PLAINTIFF:, ANTHONY J. PIETRAFESA, ESQ., Office of Anthony J. Pietrafesa, Schenectady, NY. FOR THE DEFENDANT: JOHN T. REFERMAT, ESQ., Lacy, Katzen Law Firm, Rochester, NY. MEMORANDUM-DECISION AND ORDER GARY SHARPE, Magistrate Judge I. Introduction Plaintiff Linda Hasbrouck brings this action under the Fair Debt Collection Practices Act (FDCPA) alleging that defendant Arrow Financial Services LLC engaged in unfair and deceptive debt collection practices
Albritton v. Sessoms Rogers, P.A.
NO.: 5:09-CV-321-H (E.D.N.C. Aug. 3, 2010) Cited 2 times
Explaining a cause of action under section 1692f "is a sort of catch-all, picking up unfair practices that manage to slip by §§ 1692d 1692e"
Section 1692e - False or misleading representations
15 U.S.C. § 1692e Cited 7,056 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"
Section 1692f - Unfair practices
15 U.S.C. § 1692f Cited 3,481 times 39 Legal Analyses
Prohibiting a debt collector from "collecti[ng] . . . any amount" not "expressly authorized by . . . agreement . . . or permitted by law"
Section 1692d - Harassment or abuse
15 U.S.C. § 1692d Cited 1,939 times 22 Legal Analyses
Limiting debt collectors’ ability to use threats of violence, publicize lists of consumers allegedly refusing to pay debts, cause a telephone to ring repeatedly or continuously, or engage someone in telephone conversation repeatedly or continuously
Section 5225 - Payment or delivery of property of judgment debtor
N.Y. C.P.L.R. § 5225 Cited 881 times 1 Legal Analyses
Authorizing judgment creditor to commence special proceeding against garnishee who holds assets of judgment debtor

Okyere v. Palisades Collection, LLC et al

15 Cited authorities

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."

Holding that the plaintiff sufficiently alleged that defendant may be a debt collector by stating that defendant handled the underlying foreclosure proceeding attempting to collect plaintiff's debt

Holding that the plaintiffs' Section 1692f claim was deficient where the plaintiffs did not "identify any misconduct beyond that which Plaintiffs assert violate other provisions of the FDCPA."

Holding that Rooker– Feldman did not apply because the plaintiffs sought, "inter alia , declaratory relief that defendants violated the law and injunctive relief via notice to putative class members that is independent of the state-court judgments"

Holding the defendant's letter which informed the plaintiff that she could request verification of the alleged debt but failed to state that the request had to be in writing did not fully comply with the statutory requirement

Holding that "[t]o avoid trouble, please pay immediately" overshadowed the validation notice

Finding bona fide error defense applicable where debt collector reasonably relied on incorrect information supplied by creditor that individual was a financially responsible party

Explaining a cause of action under section 1692f "is a sort of catch-all, picking up unfair practices that manage to slip by §§ 1692d 1692e"

Banning "[t]he threat to take any action that cannot legally be taken or that is not intended to be taken"

Prohibiting a debt collector from "collecti[ng] . . . any amount" not "expressly authorized by . . . agreement . . . or permitted by law"

Limiting debt collectors’ ability to use threats of violence, publicize lists of consumers allegedly refusing to pay debts, cause a telephone to ring repeatedly or continuously, or engage someone in telephone conversation repeatedly or continuously

Authorizing judgment creditor to commence special proceeding against garnishee who holds assets of judgment debtor