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Widmer v. Weltman Weinberg & Reis Co., LPA,
Publication Date: 2023-01-16
Practice Area: Consumer Protection
Industry: Financial Services and Banking
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Marston
Attorneys:
For plaintiff:
For defendant:
Case number: 22-01323-KSM

Defendant moved for judgment on the pleadings in plaintiff's Fair Debt Collection Practices Act action over garnishment of a joint bank account and court found defendant was not required by Pennsylvania law or the FDCPA to conduct pre-garnishment discovery and plaintiff had the burden to assert the claimed exemption or immunity. Motion granted.

Anderson v. Credit One Bank NA
Publication Date: 2022-06-21
Practice Area: Bankruptcy | Discovery
Industry: Financial Services and Banking
Court: U.S. District Court for the Southern District of New York
Judge: Bankruptcy Judge Robert Drain
Attorneys:
For plaintiff: For Plaintiff Orrin S. Anderson, on behalf of himself and all others similarly situated: by George F. Carpinello, Esq. and Adam R. Shaw, Esq., and Charles Juntikka & Associates LLP, by Charles Juntikka, Esq., Boise, Schiller & Flexner LLP.
For defendant: For Defendant Credit One Bank, N.A.: by J. Christopher Shore, Esq. and Andrew E. Tomback, Esq., White & Case.
Case number: 14-22147

Court Grants Sanctions, Certifies Class Seeking to Enforce Bankruptcy Discharge

M.F. v. Amida Care Inc.
Publication Date: 2022-06-02
Practice Area: Class Actions | Fee Disputes
Industry: Health Care | Legal Services
Court: Supreme Court, Kings
Judge: Justice Richard Montelione
Attorneys:
For plaintiff:
For defendant:
Case number: 520314/2017

Court Uses Lodestar Method to Calculate Attorneys' Fees in Privacy Action

Cox v. Spirit Airlines Inc.
Publication Date: 2022-04-06
Practice Area: Contracts
Industry: Transportation
Court: U.S. District Court for the Eastern District of New York
Judge: District Judge Eric Komitee
Attorneys:
For plaintiff:
For defendant:
Case number: 17-CV-5172

'Price' Term of Spirit Airlines Contract Does Not Include Carry-On Bags

Khimmat v. Weltman, Weinberg & Reis Co., LPA
Publication Date: 2022-02-28
Practice Area: Creditors' and Debtors' Rights
Industry: Legal Services
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Wolson
Attorneys:
For plaintiff:
For defendant:
Case number: 22-0221

Court would not interpret provision of Fair Debt Collection Practices Act differently from plain language of the statute, which clearly prohibited debt collectors from communicating information about a debtor to other, non-exempt parties. Defendant's motion for judgment on the pleadings denied.

Braun v. Relin, Goldstein & Crane LLP
Publication Date: 2021-11-05
Practice Area: Creditors' and Debtors' Rights
Industry:
Court: U.S. District Court for the Western District of New York, U.S. - WDNY
Judge: District Judge Charles Siragusa
Attorneys:
For plaintiff:
For defendant:
Case number: 21-CV-6071

FDCPA Challenge to Dunning Letter From Law Firm Is Dismissed as Insufficiently Pleaded

Goonewardena v. Zucker Hillside Hospital
Publication Date: 2021-09-02
Practice Area: Civil Rights
Industry:
Court: U.S. District Court for the Eastern District of New York, U.S. - EDNY
Judge: District Judge Ann Donnelly
Attorneys:
For plaintiff:
For defendant:
Case number: 21-CV-4530

Defendants Not 'State Actor', Conspiracy to Obtain Signature on Release Not Alleged

Gardner v. Weltman, Weinberg & Reis Co., LPA
Publication Date: 2019-11-11
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Kenney
Attorneys:
For plaintiff:
For defendant:
Case number: 19-1316

Collection letter did not violate the Fair Debt Collection Practices Act where the balance of a charged-off debt not accruing interest or fees was listed as a "balance due as of" since such language would not lead the least sophisticated debtor to believe that the debt could or would increase. Defendant's motion for judgment on the pleadings granted.

El-Bakara v. Weltman, Weinberg & Reis Co., LPA
Publication Date: 2019-04-01
Practice Area: Consumer Protection
Industry: Financial Services and Banking
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Baylson
Attorneys:
For plaintiff:
For defendant:
Case number: 19-0370

Defendant debt collector moved to dismiss plaintiff's FDCPA action and the court found that plaintiff did not plead facts sufficient to state a plausible FDCPA claim because he alleged no facts to support his conclusion that the underlying debt was a consumer debt. Motion granted.

Kolbasyuk v. Capital Mgmt. Servs. LP
Publication Date: 2019-03-18
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking
Court: U.S. Court of Appeals for the Second Circuit
Judge: Circuit Judge Debra Ann Livingston
Attorneys:
For plaintiff: For Plaintiff‐Appellant: for Yuri Kolbasyuk, Levi Huebner, Levi Huebner & Associates, PC, Brooklyn, New York
For defendant: For Defendant‐Appellee: Bryan C. Shartle, on the brief, for Capital Management Services, LP, Kirsten H. Smith; Sessions, Fishman, Nathan & Israel LLC, Metairie, Louisiana
Case number: 18-1260-cv

Dunning Letter Met FDCPA §§1692e,1692g Despite Failure to Inform of Debt Components

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