Category Archives: Legal

How not to strike back at consumer attorneys

By filing a RICO suit.  This New Jersey collection attorney should have heeded this advice. Advertisements

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Not every collection screw up gives rise to an FDCPA action

However, the law firms involved here really dodged a bullet here.  The 2nd Circuit is a lot less harsh than some others, most notably the 9th.

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A new FDCPA decision from the W.D. KY

Opinion in Simpson v. Xerox here.  The court says a pro se defendant made a prima facie claim under the FDCPA.  However, court did not address whether or not the defendant was an original creditor collecting their own debt.

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Claim preclusion

A defense of claim preclusion is used to successfully defeat a Federal Court FDCPA suit.

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Screw up, write a check

An Eight Circuit court opinion shows the dangers of mass practice of collection cases.  I suspect that the Plaintiff would not have succeeded in their appeal had the Defendant (the Plaintiff in the collection action) hadn’t served discovery in a … Continue reading

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Least sophisticated consumer and amount of the debt

A recent Second Circuit decision has a nice discussion of the least sophisticated consumer standard and the requirement that the demand state the amount of the debt.  Opinion here.

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More Eric Conn trouble

Kentucky Social Security attorney and wanted criminal Eric Conn now has more trouble.

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