Second Circuit· 2/25/2003
Miller v. Wolpoff & Abramson, L.L.P.
Citations
- 321 F.3d 292
- 55 Fed. R. Serv. 3d 746
- 2003 U.S. App. LEXIS 3409
- 2003 WL 462421
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).
Judges: Kearse, McLaughlin, Sotomayor
Read full opinion on CourtListenerOther cases named Miller v. Wolpoff & Abramson, L.L.P.
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