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Daily Digest – Class-Action Accuses Firm of Filing Suit in Wrong State; Judge Rules MTD Should be Granted in FDCPA Case Over Email Preference for Communications

Account Recovery

Class-Action Accuses Firm of Filing Suit in Wrong State Judge Rules MTD Should be Granted in FDCPA Case Over Email Preference for Communications Judge Grants MTD in FDCPA Over Whether Plaintiff Disputed Debt Judge Declines to Strike Down N.J.

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Preference Avoidance Actions: When Late is Ordinary

PBWT

A recent case shows how even late payments can be used to satisfy the ordinary course of business defense in a preference avoidance action. Baumgart v. Savani Props Ltd. (In In re Murphy) , Case No. 20-11873, Adv. 20-1070, 2021 Bankr. LEXIS 1035 (Bankr. The defendant owned an apartment building where the debtor was a tenant.

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First Class-Action Suit, post-Hunstein, Filed in N.Y. Federal Court

Account Recovery

Preferred Collection and Management Services, a class-action lawsuit has been filed in New York federal court accusing a debt collector of violating Section 1692c(b) and 1692f of the Fair Debt Collection Practices Act … The post First Class-Action Suit, post-Hunstein, Filed in N.Y.

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Daily Digest – September 9. Appeals Court Dismisses Hunstein for Lack of Standing; Class Action Filed Over Blank Lines in MVN

Account Recovery

Preferred Collection & Management Services yesterday, dismissing the case because the plaintiff lacked standing to sue in federal court.While the result may be seen as good news by some in the ARM industry, it … The post Daily Digest – September 9.

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Daily Digest – April 23. First post-Hunstein Class Action Filed; CFPB, NY AG Go After Hidden Assets of Collection ‘Kingpin’

Account Recovery

FIRST CLASS-ACTION SUIT, POST-HUNSTEIN, FILED IN N.Y. Preferred Collection and Management Services, a class-action lawsuit has been filed in New York federal court accusing a debt collector of violating Section 1692c(b) and … The post Daily Digest – April 23. FEDERAL COURT Well that didn’t take long.

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Daily Digest – May 4. Hunstein-Related Class Actions Continue Piling Up; Cordray Back in Federal Government

Account Recovery

HUNSTEIN-RELATED CLASS ACTIONS CONTINUE PILING UP The number of 1692c(b) lawsuits alleging that a debt collector communicated information with a third party in violation of the Fair Debt Collection Practices Act continues to explode in the weeks following the Eleventh Circuit Court of Appeals’s ruling in Hunstein v.

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Hunstein-Related Class Actions Continue Piling Up

Account Recovery

Preferred Collection and Management Services. There have been 42 cases filed across the … The post Hunstein-Related Class Actions Continue Piling Up appeared first on AccountsRecovery.net.