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· 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).

Read full opinion on CourtListener

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.