· 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).
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.