WEST SENECA, N.Y. -- Landmark Strategy Group, a nationally licensed and bonded receivables management firm located in West Seneca, NY, has spent the last decade involved with dozens of Western New York (WNY) community groups, tackling issues from food insecurity to homelessness. To support its community, Landmark has spent the early part of 2024 volunteering at the FeedMore WNY Warehouse and supporting their Backpack Pack-Out Program, which assists children facing food insecurity over the weekends.
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Consumer attorneys are filing new class action lawsuits asserting that debt collector emails are being sent before 8 a.m. or after 9 p.m. in violation of the FDCPA. While debt collectors must adhere to the time restrictions for sending debt collection emails, it will be impossible for the consumer attorneys to certify any FDCPA class action asserting that a debt collector sent emails at an inconvenient time because email providers routinely delay the delivery of emails. As discussed below, this delay between when a debt collector sends an email and when the consumer receives the email necessitates an “individualized inquiry” to establish standing for each potential class member which will defeat any class action.
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