Cases

15‐1584(L) Avila v. Riexinger & Associates, LLC 15‐1584(L) Avila v. Riexinger & Associates, LLC 1 UNITED STATES COURT OF APPEALS 2 FOR THE SECOND CIRCUIT 3 ____________________ 4 5 August Term, 2015

POOLER, Circuit Judge: The Fair Debt Collection Practices Act (“FDCPA”) prohibits debt collectors from using “any false, deceptive, or misleading representation or means in connection with the collection of any debt.” 15 U.S.C. § 1692e. The question presented is whether a collection notice that states a consumer’s “current balance,” but does not disclose that the balance may increase due to interest. and fees, complies with th

OPINION & ORDER Seibel, Judge. , Before the Court are Defendants’ Renewed Motion for Summary Judgment, (Doc. 112), and Plaintiffs Renewed Motion for Class Certification, (Doc, 99). For the reasons stated below, Defendants’ Motion is GRANTED in part and DENIED in part, and Plaintiffs Motion is GRANTED as modified below. , *138

BLOCK, Senior District Judge: Crystal Ortiz received a letter regarding a past-due balance on her Old Navy credit card. Alleging that the letter violated the Fair Debt Collection Practices Act ("FDCPA"), she sued the sender of the letter, Advanced Call Center Technologies, LLC ("ACCT"). ACCT now moves to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). For the following reasons, the motion is granted in part and denied

BLOCK, Senior District Judge: *260Cristian D. Cortez brings this action against Foster & Garbus, LLP, a debt collector, seeking damages for violations of the Fair Debt Collection Practices Act ("the FDCPA"). The defendant moves for summary judgment. For the following reasons, the defendant's motion is denied, and the Court enters summary ju

Calabresi, Circuit Judge: Section 1692e of the Fair Debt Collection Practices Act makes it unlawful for a debt collector to "use any false, deceptive, or misleading representation or means in connection with the collection of any debt." 15 U.S.C. § 1692e. This case asks whether it is misleading within the meaning of Section 1692e for a debt collection letter to state the amount of a debt without disclosing that the debt, which once

KEARNEY, District Judge Through the Fair Debt Collection Practices Act, Congress mandates debt collectors clearly identify the debt and present creditor in the letters they send to consumers attempting to collect a debt. Assuming the debt collectors meet Congress' mandate, consumers cannot recover for an alleged violation of federal law by ignoring obvious disclosures or distorting disclosures to infuse ambiguity into one word such

Debra Ann Livingston, Circuit Judge: The Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. ("FDCPA"), regulates certain communications from debt collectors to consumers with outstanding debts. Plaintiff-Appellant Yuri Kolbasyuk sought to invoke the FDCPA's protections when he received a debt col

20-1134 Cortez v. Forster & Garbus, LLP UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT August Term 2020 (Argued: January 28, 2021 Decided: June 4, 2021) No. 20-1134 –––––––––––––––––––––––––––––––––––– CRISTIAN D. CORTEZ Pla

ARTHUR D. SPATT, United States District Judge The plaintiff Julie Somerset (the "Plaintiff") initiated this putative class action against Stephen Einstein & Associates, P.C. ("Einstein, P.C.") and Stephen Einstein ("Einstein") (collectively, the "Defendants") for damages stemming from alleged violations of the Fair Debt Collection Practices Act, 15 U.S.C., 1692 et seq . ("FDCPA"). Presently before the

17‐1650‐cv Taylor v. Fin. Recovery Servs., Inc. In the United States Court of Appeals For the Second Circuit ________ AUGUST TERM, 2017 ARGUED: JANUARY 24, 2018 DECIDED: MARCH 29, 2018 No. 17‐1650‐cv

18‐1260‐cv Kolbasyuk v. Capital Mgmt. Servs., LP UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT August Term 2018 (Argued: December 13, 2018 Decided: March 12, 2019) No. 18‐1260‐cv ––––

Korman, United States District Judge: Plaintiff Nestor Nicolaides opened a Lowe's corporate credit card in the name of his business, Gold Coast Insurance Agency, Inc. He now sues defendant debt collector Divine and Service, Ltd. for sending him a dunning letter that fails to comply with the Fair Debt Collection Practices Act (FDCPA). Divine contends that the FDCPA does not apply because (1) Gold Coast is the debtor, not plaintiff, a

MARGO K. BRODIE, United States District Judge Plaintiff Barouk Maleh commenced the above-captioned putative class action against Defendant United Collection Bureau, Inc. ("UCB"), alleging violations of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. ("FDCPA"). (Compl., Docket Entry No. 1.)

ELIZABETH A. WOLFORD, United States District Judge INTRODUCTION Plaintiff Alex J. Cole ("Plaintiff") commenced this putative class action, on behalf of himself and others similarly situated, on March 20, 2018, alleging that defendant Stephen Einstein & Associates, P.C. ("Einstein") and Second Round, L.P. d/b/a Third Round, L.P. ("Second Round") (collectively, "Defendants") sought to col

ELIZABETH A. WOLFORD, United States District Judge INTRODUCTION *217Plaintiff Andrew Gissendaner1 ("Plaintiff") commenced this putative class action, on behalf of himself and others similarly situated, on April 23, 2018, alleging that defendant Credit Corp Solutions, Inc. d