· 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).
Sourced from CourtListener / Free Law Project (CC0).
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.