Debt Collection

Trial Brief in Morton v. O’Brien

This is a trial brief in a FDCPA case where the collector threatened foreclosure on the wrong house and tried to collect from the wrong person, the collector had no intent to foreclose, and the collector had no authority to collect the debt. The brief was written by Gregory Reichenbach, a Perrysburg, Ohio attorney, and Edward Icove, a Cleveland, Ohio attorney.

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Consumer’s Response to Motion to Dismiss Including Hunstein Arguments

This is an opposition to a motion to dismiss in a case complaining that a debt collector disclosed the consumer’s personal and financial information a letter vendor. The consumers argue that a requirement that financial data be kept confidential does not violate the First Amendment, that the debt collector violated the plain language of 15 U.S.C. s. 1692c(b), and that the debt collector’s statutory construction arguments lack merit.

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29 Jury Instructions in an FDCPA Case

This is a jury instruction in an FDCPA case that includes 29 separate instructions. Many apply to the FDCPA case, such as nature and element of the claims, violations of the act, least sophisticated standard, bona fide error defense, and actual and statutory damages. Others are of a more general nature, such as the province of the jury, burden of proof, objections, stipulations, duty in deliberating, and verdict forms.

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Complaint (Grey v. Central Credit Services, LLC, Case No. 1:18‐cv‐00774)

This action is brought by Plaintiff for actual damages, statutory damages, and civil penalties against the Defendant Central Credit Services, LLC (“Defendant”), for violation of the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 et seq. (“FDCPA”) and the North Carolina Collection Agency Act, N.C.Gen.Stat. §§ 58‐70‐1 et seq. (“NCCAA”), which prohibit debt collectors and collection agencies from engaging in abusive, deceptive, and unfair practices.

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