Last week the CFPB, jointly with the FTC, filed an amicus brief with the U.S. Court of Appeals for the Third Circuit in Bock v. Pressler & Pressler, LLP. In the case a U.S. district court previously ruled that a debt collection law firm violated the Fair Debt FDCPA by filing a complaint without “meaningful attorney involvement.”
On August 5, 2016 the Second Circuit Court of Appeals ruled that a New York City law intended to prevent law firms that also work as debt collectors from engaging in abusive practices does not infringe on the state’s authority to regulate the legal profession.
On Monday July 27, 2015 Hanna filed a “Motion to Certify [the case] for an Interlocutory Appeal.” An interlocutory appeal an appeal of a specific ruling by a trial court, and asks an appellate court to review a significant aspect of the case before the trial has concluded. This is an extraordinary action, as courts prefer a case proceed to conclusion on its merits and do not like to break up litigation into multiple parts.
Stephen Einstein & Associates, one of NY/NJ’s premier collection litigation and creditors’ rights legal firms, is moving to 39 Broadway with an expanded staff. The firm continues under the leadership of Founder Stephen Einstein and newly promoted Managing Partner Anthony S. Poulin. Einstein’s current staff of professionals will be joined by several administrative and support […]
The Eleventh Circuit Court of Appeals recently handed down a decision that went too far in holding that all litigation related activity is subject to the FDCPA. In pursuing their client’s judgment, an attorney and law firm obtained a garnishment against Nedzad Miljkovic. Miljkovic filed a claim for exemption in response, which the creditor disputed. However, the writ was eventually dissolved on the creditor’s attorney’s motion after Miljkovic provided discovery showing that his wages were exempt from garnishment.
[Editor’s note: Yesterday insideARM reported that the judge in the case of CFPB v. Hanna issued an order denying the defendant’s motion to dismiss. The order, released yesterday, is 70 pages. Today, as promised, we begin to provide analysis of that order. This is one of two articles – by two different attorneys – offering […]
[Editor’s note: Yesterday insideARM reported that the judge in the case of CFPB v. Hanna issued an order denying the defendant’s motion to dismiss. The order, released yesterday, is 70 pages. Today, as promised, we begin to provide analysis of that order. This is one of two articles – by two different attorneys – offering their view. […]
As insideARM reported last month, oral arguments on the Defendant’s Motion to Dismiss the Consumer Financial Protection Bureaus (CFPB) action against the Georgia collection law firm Frederick J Hanna & Associates P.C. were held on June 3rd in Atlanta. Yesterday the judge issued an order denying the defendant’s motion to dismiss.
Local Law 15 was adopted in 2009 and among other things included law firms that do debt collection and asset buyers to the list of entities regulated by the city. Two law firms, Eric M. Berman PC and Lacy Katzen LLP, sued the city over the law, arguing it encroached on the state’s authority to […]
CenterPoint Legal Solutions announced today that Shannon Battani has joined the company as Director of Legal Network. “We are ecstatic to have the opportunity to work with a proven industry leader of Shannon’s caliber,” said President Aaron Rose. Mark Hutchins, Senior Vice-President of Operations, added, “Her extensive legal solutions experience within the ARM industry provides […]