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Blog Posts in June, 2012

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  • Federal court grants consumer's request to amend complaint against Cohen & Slamowitz and Midland Funding; allows additional claim and opportunity to convert case to class action
    Federal court grants consumer's request to amend complaint against Cohen & Slamowitz and Midland Funding; allows additional claim and opportunity to convert case to class action

    In a decision dated June 19, 2012, the United States District Court for the Western District of New York granted consumer plaintiff, Michael Hallmark, leave to amend a complaint he had filed in ...

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  • U.S. Supreme Court to Hear Case Regarding FDCPA's Fee Shifting Provision
    U.S. Supreme Court to Hear Case Regarding FDCPA's Fee Shifting Provision

    On May 29, 2012, the U.S. Supreme Court granted certiorari in Marx v. General Revenue Corporation, ___ F.3d ___, 2011 WL 6396478 (10th Cir. 2011), agreeing to hear argument on only one of two ...

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  • What constitutes a "dispute" sufficient to invoke your right to compel a creditor to notify the credit bureaus that a debt is indeed disputed?
    What constitutes a "dispute" sufficient to invoke your right to compel a creditor to notify the credit bureaus that a debt is indeed disputed?

    Generally speaking, as a consumer debtor, you have a claim against any debt collector that knowingly communicates false information to the credit bureaus. But a debt collector has the additional ...

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  • Tennessee Court of Appeals Rejects LVNV's Affidavits
    Tennessee Court of Appeals Rejects LVNV's Affidavits

    Stop us if you've heard this before…. In a Tennessee case, debt buyer LVNV Funding claimed it had purchased a Sears MasterCard credit card account, and was now trying to collect $15,101.23 from the ...

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  • Cohen & Slamowitz loses attempt to wipe out consumer's actual damages via a "Rule 68" offer
    Cohen & Slamowitz loses attempt to wipe out consumer's actual damages via a "Rule 68" offer

    Summer has begun and the hot weather is here, so we thought we'd give you our version of "beach reading" – a summary of a decision from 2009 that, while a couple years old, still makes for ...

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  • US Supreme Court Declines to Reconsider Tenth Circuit Ruling that Fax Sent by Debt Collector to Consumer's Employer is Not a "Communication" under the FDCPA
    US Supreme Court Declines to Reconsider Tenth Circuit Ruling that Fax Sent by Debt Collector to Consumer's Employer is Not a "Communication" under the FDCPA

    In a controversial decision, Marx v. General Revenue Corp., ___ F.3d ___, 2011 WL 6396478 (10th Cir. 2011) (full text available here) the U.S. Court of Appeals for the Tenth Circuit in December 2011 ...

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