Skip to main content
· 1/27/1997

People v. DeJana

Citations

  • 172 Misc. 2d 375
  • 660 N.Y.S.2d 247
  • 1997 N.Y. Misc. LEXIS 283

How courts have described this case

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

  • holding that mortgage statements may constitute communications under the FDCPA and the FCCPA
  • noting that TILA communication can violate FDCPA if sent “in connection with the collection of a debt”
  • suggesting that “the history of the parties” reflects whether communication was a debt collection attempt
  • holding monthly mortgage statements required by TILA can constitute efforts to collect debt
  • acknowledging that “a communication can ‘have dual purposes,’ such as providing a consumer with information and demanding payment on a debt” (quoting Reese v. Ellis, Painter, Ratterree & Adams, LLP, 678 F.3d 1211, 1217 (11th Cir. 2012))
  • debt collection activity plausibly stated where lender sent mortgage statement noting it was “an attempt to collect a debt,” asked for payment of a certain amount by a certain date, and provided for a late fee

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.