Public Citizen

OCTOBER 14, 2021

You have to wonder why companies like Trader Joe’s waste their money on such demand letters, and whether the lawyers who write such letters warn their clients of the likely consequences. But the DMCA is so plainly not implicated here that the claim is even more laughable than the trademark claim.

Lawyers 92

Lawyers Judgment Government 92

Troutman Sanders

SEPTEMBER 29, 2023

In May 2022, August 2022, and October 2022, the plaintiff informed the defendant in writing that he no longer wished to receive the promotional text messages. Kohl’s, Inc. , the plaintiff provided his cell phone number to the defendant to receive promotional text messages. Later, the plaintiff decided to opt out of receiving text messages.

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Troutman Sanders

OCTOBER 24, 2023

If a debt collector knows, or has reason to know, that the statute of limitations has expired on a given debt, it must inform the consumer in writing of the time-barred status of the debt in language prescribed by NYC DCWP.

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Collections Debt collector Collection Agencies Collections Agency 52

FFGN COLLECT NY

JANUARY 10, 2023

The attorneys will send all of these demands in writing to the other side. The plaintiff’s attorney will object to any questions that are improper. Any objection may be preserved for a later time, but if the objection is not made at the deposition, it is waived for purposes of trial.

Collections 52

Collections 52

Troutman Sanders

FEBRUARY 23, 2023

Section 15(b) prohibits the collection of biometrics without informing the person in writing and obtaining their written release. The court also focused on the word “disclosure” in section 15(d) and found that the plain meaning of “disclose” encompasses each new revelation.

Collections 52

Collections Judgment 52

Troutman Sanders

JANUARY 20, 2022

The Court’s bottom line was plain: No random or sequential number generator, no ATDS. In any event, even if the storing and producing functions often merge, Congress may have “employed a belt and suspenders approach” in writing the statute. It would then store those numbers to be dialed at a later time.

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Judgment 52

NCBA Law Practice Management Blog

OCTOBER 30, 2018

Now, write about. If you can write something and publish it online, you’re content marketing. Think of the ten most common questions your clients have, and write ten plain language responses. And, see how easy it is to write a blog post. As a lawyer, you’re an expert in what you do. You talk about it all the time.

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Law Firms Lawyers Creditors 40

Credit Management Company

FEBRUARY 23, 2021

Be written in plain language. They can communicate this either orally, in writing, or electronically. Explain that this is from a collector and is about debt. Include the right to dispute the debt. Provide information to help the consumer respond.

Fair Debt Collection 52

Fair Debt Collection Debt collector Collections Healthcare 52

Credit Corp

AUGUST 23, 2021

In fact, there are much more ways to monetize writing than most articles cover. The goal is to show how you can stop being a spectator and create supplemental income or even full-time income through your writing as many have done. How to Make Money Writing. How to Make Money Writing. Become a Copywriter.

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Consumer Financial Services Law

JULY 20, 2018

The agency contended that the statement did not overshadow the remainder of the notice because it “clearly and unequivocally directs the consumer to provide the dispute in writing.” The court, however, disagreed. In doing so, the court made two points.

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Debt collector Collections 40

Public Citizen

NOVEMBER 18, 2021

It’s been some time since I have had occasion to write about Mathew Higbee’s use of baseless threats of litigation seeking to wring undeserved dollars out of alleged copyright infringers. by Paul Alan Levy. To be sure, many of his demand letters seek remedies for plainly infringing uses, even if his monetary demands tend toward the excessive.

Lawyers 61

Lawyers Judgment 61

Public Citizen

SEPTEMBER 8, 2020

Plainly, with regard to Love’s use of the term “backwater,” in this respect, Mr. Clare’s letter is just plain chest-thumping intended to intimidate both because its sender is a big macher, and because a longer letter citing additional complaints might make Love worry more about his potential exposure. of the Florida Statutes.

Lawyers 91

Lawyers Law Firms Judgment Government 91

Collection Industry News

DECEMBER 21, 2020

The rule requires debt collectors to take specific steps to disclose the existence of a debt to consumers, orally, in writing, or electronically, before reporting information about the debt to a consumer reporting agency (CRA). A model form in plain language is provided that debt collectors may use to comply with the rule.

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Better Credit Blog

OCTOBER 14, 2020

Des Plaines, IL 60018. Remember to communicate with ARS in writing for this strategy to be most effective. Your best course of action when confronting a debt collector is to only communicate in writing. Asset Recovery Solutions, LLC, is a completely legit debt collection agency headquartered in Illinois. Consumer debts.

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Debt collector Collection Agencies Collections Agency Retail 52

PBWT

SEPTEMBER 1, 2020

2] Writing for a three-judge panel, Judge Ambro rejected both arguments. 4] Accordingly, section “1129(b)(1) overrides [section] 510(a) because that is the plain meaning of ‘[n]otwithstanding.’”

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Bankruptcy Creditors Unsecured Creditor Trade 65

ABI

JANUARY 13, 2022

16] The court found that the parties agreed to arbitrate and that the arbitration clause “does not by its plain language suggest a broad application.” [17] 26] Indeed, the court noted that if it had been “writing on a clean slate,” it would have reached “a very different conclusion,” but it could not ignore binding precedent. [27]

Bankruptcy 40

Bankruptcy Debtor Creditors 40

Troutman Sanders

AUGUST 16, 2021

The Fifth District Court of Appeals found that the act’s plain language did not demonstrate that Governor Abbot could issue an executive order suspending the authority of mayors and county judges to manage local disasters. For information, click here. For those interested in reading the full announcement, click here.

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Financial services Foreclosure Student loans Student Loans 52

Receivables Control

JUNE 17, 2019

You see dilution set in and delinquency and write offs rise. We work on SAP, JD Edwards, Oracle, SalesForce, WorkDay, Great Plains, Quickbooks and a whole host of mainframe systems, AS400’s, and other home grown applications. If you find yourself in such a position, you’re not alone.

Retrieval 62

Retrieval Collection Agencies Collections Agency Collections 62

Collection Industry News

OCTOBER 3, 2022

Writing for the Fifth Circuit panel, U.S. The Fifth Circuit’s Ruling A three-judge panel of the Fifth Circuit vacated the magistrate judge’s ruling and remanded the case below, but not on the merits of the appeal. Circuit Court Judge Edith H. 636(c), the statute governing appeals from bankruptcy court decisions—28 U.S.C. §

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Bankruptcy Judgment Debtor Government 40

Collection Industry News

AUGUST 9, 2021

Michael Machado, a Law Clerk in our New York office, contributed to the writing of this alert. We’re starting to write a new chapter for a post-COVID New York – the state disaster emergency is ending and we can focus on reimaging, rebuilding and renewing our state,” the governor said in his announcement.

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Foreclosure Government Judgment Lender 40

FDCPA Defense

JULY 20, 2013

Debt buyers are not required to call or write to consumers before filing suit, but they often prefer to, so they can offer settlements and identify legitimate consumer disputes. at § 1788.50(a)(1). The Act only applies to consumer debts that are sold or resold on or after January 1, 2014. at § 1788.50(d). at § 1788.52(a).

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