BN Lawyers

MARCH 21, 2019

On March 20, 2019, the United States Supreme Court issued its decision in Obduskey v. McCarthy & Holthus, LLP, holding that that business engaged solely in non-judicial foreclosure activities are generally exempt from the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. Justice Breyer wrote for a unanimous court, with a concurring opinion by Justice Sotomayor.

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Consumer Financial Services Law

MARCH 21, 2019

By Caren Enloe and Anna Claire Turpin A recent case from a New York district court serves as a reminder that a single word in a debt collection letter may cause a wave of implications if enough further information is not supplied. In Leonard v. Capital Management Services, LP , 2019, No. 1:18-cv-90, 2019 U.S. Dist. LEXIS 18336 (W.D.N.Y. Feb. 4, 2019), a debt collection letter offering to settle the debt for less than the full balance included a statement that “[s]ettling a debt for less than the

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Consumer Finance Watch

MARCH 21, 2019

By: Wayne Streibich , Diana M. Eng , Cheryl S. Chang , Jonathan M. Robbin, and Namrata Loomba. The United States Supreme Court holds businesses conducting nonjudicial foreclosures are not “debt collectors” under the FDCPA, but lenders and foreclosure firms should take note that the Court specifically chose to leave open the question of whether businesses that conduct judicial foreclosures are “debt collectors” under the statute. .

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NCBA Law Practice Management Blog

MARCH 17, 2019

If you’re a lawyer, law firm software is everywhere. Make one online search for the term, and you’re caught up in the vortex of SEO -- you’ll be served law firm software advertisements wherever you go online, from now until the end of time. I get how that can be annoying -- but, the point remains that law firms using the right software are more efficient, and make more money.

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