· 2/13/2014
Garrido v. Puente
Citations
- 114 A.D.3d 722
- 979 N.Y.S.2d 844
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that “collector” who charged “amount” not “expressly authorized by the agreement creating the debt or permitted by law” was a “debt collector” under federal act
- holding that a mortgage servicer was a collector under the MCDCA
- concluding that the plaintiff failed to plead a valid MCPA claim based on a failure to plead reliance, even where the plaintiffs had conclusorily alleged that they “reasonably relied upon the direct and indirect material acts and actions of” the defendant
- finding that defendant violated Section 14-202(11) and accordingly vacating district court’s dismissal of plaintiff’s Section 14-202(8) claim
- noting that the MCDCA’s broad definition of “collector” controls and “by collecting borrowers’ monthly mortgage payments, Carrington is collecting a debt” and “counts as a ‘collector’ under the MCDCA”
- finding that convenience fees qualify as an “amount” under the FDCPA
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.