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· 5/1/2013

Edwards v. Mantis, LLC

Citations

  • 106 A.D.3d 689
  • 964 N.Y.S.2d 235

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that because there was debtor misconduct involving unlawful fees, plaintiff suffered an injury even though he did not actually pay any of these unlawful fees
  • ruling that lower court erred in denying FDCPA class-action plaintiff discovery into details of actions against consumers by national network of collection attorneys
  • holding that collection letter did not violate FDCPA where it clearly stated that debtor’s request for validation must be in writing, despite subsequent instruction to “call if appropriate.”
  • acknowledging that oral notice is not sufficient to preserve all rights under the FDCPA, including, inter alia, the verification right, in the course of evaluating a challenge to separate language encouraging a telephone call
  • vacating and remanding a grant of summary judgment for defendant law firm where defendant commenced a lawsuit against plaintiff after the collection letter was sent
  • contemplating some level of familiarity with credit card agreement, though not requiring express review in each case

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.