Category Archives: Illegal collection practices

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Arthur Miller v. Cohen & Slamowitz: attorney’s failure to conduct meaningful review violates FDCPA

This case has been litigated since 2001.  Originally, notorious collection law firm Wolpoff & Abramson was one of the defendants as they had referred the account to Upton, Cohen & Slamowitz. Wolpoff then merged with Mann Bracken and they went bankrupt when Minnesota put an end to the National Arbitration Forum SCAM. Giant Debt Collector […]

Collections do NOT have to be disputed “in writing”

Another interesting excerpt from the Midland / Brent opinion: In addition to clerical mistakes, the Sixth Circuit has also allowed the bona fide error defense for mistakes of law. Jerman, 538 F.3d at 472-73. The debt collector in Jerman sent a letter that included the statement that a dispute of the debt must be made […]

Class action: federal court holds “personal knowledge” in debt buyer Midland affidavit “patently false”

When debt buyer Midland (Encore owned) sued Brent in Ohio state court for an OLD Associates (now CitiFinancial) debt, she retained an attorney who removed the case to federal court.  He filed counter claims for violations of the FDCPA as well as Ohio law and went on to file for class certification. Judge Katz recently […]

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