{ "objects": [ { "Title": "Hyman v. Devlin 2019", "Slug": "hyman-v-devlin", "Content": "

2019 U.S.D.C. W.D.Pa. No. 3:17-cv-00089<\/span><\/h2>

Angela Hyman of Western Pennsylvania<\/span> sued <\/span>Pennsylvania<\/span> State Police Corporal<\/span> Devlin<\/span>, as well as the lender and repo man for breach of the peace ihn repossession of her car.  The lender and repo man paid settlements for violation of her rights<\/span> under the U.S. Constitution, specifically her Fourth and Fourteenth Amendment rights to due process and to be free from unreasonable seizures of property.  In general, police may not help a repo agent to repossess a person's vehicle without a court order or due process of law. In their unanimous verdict, the jury found that Trooper Devlin willfully violated Ms. Hyman's civil rights, warranting an award of punitive damages of $500,000<\/span>.  (The district court remitted a portion of the verdict and the case is now on appeal to the United States Court of Appeals.)<\/span><\/p>

\n

\"This verdict by this jury in Johnstown, Pennsylvania, can have an impact on consumers and individuals across the country.  The repo-man will take note that he can't get the police to help him . And the police will take note that they have to stand back and not involve themselves in private disputes between the consumer and the bank,\" states Ms. Hyman's attorney, Andy Milz.<\/span><\/p>\n<\/blockquote>

News stories about this case have caught the attention of consumers and the legal community across the country. 
KYW News Radio<\/a>, CBS8-KFMB, San Diego, CA, The Legal Intelligencer, The Tribune Democrat, and others.<\/p>

Click to learn more about a consumer's rights when a vehicle is repossessed: <\/span>Repossession<\/a><\/p>", "MetaDescription": null, "publish_date": "1969-12-31 12:00:00" }, { "Title": "Three New Jersey federal courts hold Vivint Solar to face trial for ID Theft and Credit Report Fraud ", "Slug": "three-nj-federal-courts-hold-vivint-solar-to-face-trial-for-id-theft-and-credit-report-fraud", "Content": "

Four New Jersey consumers sought Flitter Milz's help when they learned that the door-to-door solar sales company, Vivint Solar, obtained their credit reports without their permission in violation of the Fair Credit Reporting Act (\"FCRA\"). In each case, the consumers allege a Vivint Solar sales representative forged their electronic signatures on sales documents to obtain their sensitive credit information to try to force through an unwanted sale.  In one case, the company even submitted forged documents signed by corporate officers to the State of New Jersey to obtain bogus tax credits!<\/p>

In each case, Vivint Solar asked the federal courts to enter judgment in their favor, arguing the consumers had no right to relief for the company's illegal actions.  Vivint Solar also claimed that their very own salesmen were not acting for the company when they were acting to make a sale.  In each case, the courts soundly rejected Vivint Solar's arguments and held that Vivint Solar must now face a jury trial on the consumers' claims for violating the Fair Credit Reporting Act, and face liability for actual and punitive damages.<\/p>

CLICK HERE<\/a>  Learn more about a consumer's rights to keep credit information private.<\/strong><\/p>", "MetaDescription": null, "publish_date": "1969-12-31 12:00:00" }, { "Title": "Ciccarone v. BJ Marchese Inc.", "Slug": "ciccarone-v-bj-marchese-inc", "Content": "

2004 WL 2966932 (E.D. Pa. 2004)<\/strong><\/p>

This case was brought against a Montgomery County, PA car dealer and its principles who stole identities of prospective and former customers to scam banks and the consumers. In approving a class settlement valued at over $4.5 million in cash, loan forgiveness, and credit report correction, the federal judge overseeing the case noted that: \u201cCounsel for plaintiffs are commercial litigation attorneys from two different law firms with substantial experience in prosecuting and managing class actions. They are competent, well-qualified and conducted the litigation with forthrightness and vigor.\u201d<\/p>

See court opinion<\/a><\/p>

 <\/p>", "MetaDescription": "This case was brought against a Montgomery County, PA car dealer and its principles who stole identities of prospective and former customers to scam banks and the consumers. In approving a class settlement valued at over $4.5 million\u00a0in cash, loan forgiveness, and credit report correction, the federal judge overseeing the case noted that: \u00e2\u20ac\u0153Counsel for plaintiffs are commercial litigation attorneys from two different law firms with substantial experience in prosecuting and managing class actions.", "publish_date": "1969-12-31 12:00:00" }, { "Title": "Good v. Nationwide Credit, Inc.", "Slug": "good-v-nationwide-credit-inc", "Content": "

Deny Motion to Dismiss:  55 F.Supp 3d 742 <\/strong>
Class Settlement Approval:  314 F.R.D. 141 (E.D. Pa. 2016)<\/strong><\/p>

Flitter Milz challenged a large debt collector's use of \"IRS\" and \"1099\" language as confusing to the consumer. The court agreed that this states a claim for Fair Debt violation. Class action settlement later approved for the maximum recovery permitted. The court recognized Flitter Milz' \u201csubstantial experience in consumer class action litigation and is well qualified to represent the class.\u201d<\/p>

 <\/p>

 <\/p>", "MetaDescription": "Flitter Milz\u00a0challenged a large debt collector's use of \"IRS\" and \"1099\" language as confusing to the consumer. The court agreed that this states a claim for Fair Debt violation. Class action settlement later approved for the maximum recovery permitted.\u00a0The court recognized Flitter Milz' \u00e2\u20ac\u0153substantial experience in consumer class action litigation and is well qualified to represent the class.\u00e2\u20ac\u009dSee court opinion", "publish_date": "1969-12-31 12:00:00" }, { "Title": "Durr v. Rochester Credit Center Inc.", "Slug": "durr-v-rochester-credit-center-inc", "Content": "

2012 WL 2130953 (E.D. Pa. 2012)<\/strong><\/p>

When a large, New York collection agency misleadingly did business under the name \u201cThe Credit Bureau,\u201d Flitter Milz filed a class action suit on behalf of the consumer and those PA consumers like him. A class settlement providing $205,000.00 in cash to the Pennsylvania class members was approved by the federal court sitting in Philadelphia.<\/p>

 <\/p>

 <\/p>", "MetaDescription": "When a large, New York collection agency misleadingly did business under the name\u00a0\u00e2\u20ac\u0153The Credit Bureau,\u00e2\u20ac\u009d Flitter Milz\u00a0filed a class action suit on behalf of the consumer and those PA consumers like him. A class settlement providing $205,000.00 in cash to the Pennsylvania class members was approved by the federal court sitting in Philadelphia.To learn more about the Fair Debt Collection Practices Act:\u00a0Unfair Debt Collection", "publish_date": "1969-12-31 12:00:00" }, { "Title": "Harlan v. NRA Group LLC ", "Slug": "harlan-v-nra-group-llc-2011", "Content": "

2011 WL 500024 (E.D.Pa. 2011)<\/strong><\/p>

The Federal court sitting in Philadelphia agreed that this debt collector failed to provide our client with the important consumer disclosure required by federal law, finding in favor of our consumer client for violation of the Fair Debt Collection Practices Act. The Court held, \"At a minimum, this language creates significant uncertainty about what rights the debtor has if she fails to dispute the debt within 30 days.\" <\/p>

See court opinion<\/a><\/p>", "MetaDescription": "Case type:\u00a0FDCPA violationThe Federal court sitting in Philadelphia agreed\u00a0that this debt collector failed to provide our client with the important consumer disclosure required by federal law, finding in favor of\u00a0our consumer client for violation of the Fair Debt Collection Practices Act. The Court held, \"At a minimum, this language creates significant uncertainty about what rights the debtor has if she fails to dispute the debt within 30 days.\"\u00a0", "publish_date": "1969-12-31 12:00:00" }, { "Title": "Lesher v. Law Offices Mitchell N Kay, P.C.", "Slug": "lesher-v-law-offices-mitchell-n-kay-pc", "Content": "

650 F.3d 993 (3d Cir. 2011<\/strong>)<\/p>

Our firm was engaged to argue the appeal of a decision against a New York debt collector.  Tens of thousands of collection letters were sent on law firm letterhead but without any real review or involvement by the attorneys.  The Court of Appeals agreed that this violates the Fair Debt Collection Practices Act requirement that a lawyer have \u201cMeaningful Involvement\u201d in sending collection correspondence on law firm letterhead - a rule designed to protect the consumer against deception by debt collectors. <\/p>

See court opinion<\/a><\/p>

 <\/p>", "MetaDescription": "Flitter Milz was engaged to argue the appeal of a decision against a New York debt collector. Where only three lawyers send out tens of thousands of collection letters without any real review or involvement, the Court of Appeals agreed that this violates the Fair Debt Collection Practices Act requirement that a lawyer have \u00e2\u20ac\u0153Meaningful Involvement\u00e2\u20ac\u009d in sending collection correspondence on law firm letterhead.\u00a0See court opinion", "publish_date": "1969-12-31 12:00:00" }, { "Title": "Gregory v. NCO Financial Systems Inc.", "Slug": "gregory-v-nco-financial-systems-inc", "Content": "

(E.D. Pa. 2010)<\/strong><\/p>

The defendant debt collector sent consumers bogus arbitration \u201ccomplaints\u201d filed in the (now defunct and discredited) National Arbitration Forum by passing important safeguards in Pennsylvania\u2019s rules of civil procedure for consumer arbitration. Flitter Milz obtained a class action settlement for $126,500 in cash and over $6 million in vacated unfair arbitration awards against Pennsylvania consumers.<\/p>

 <\/p>", "MetaDescription": "The defendant debt collector sent consumers bogus arbitration \u00e2\u20ac\u0153complaints\u00e2\u20ac\u009d filed in the (now defunct and discredited) National Arbitration Forum by passing\u00a0important safeguards in Pennsylvania\u00e2\u20ac\u2122s rules of civil procedure for consumer arbitration. Flitter Milz\u00a0obtained a class action settlement for $126,500\u00a0in cash and over $6 million in vacated unfair arbitration awards against Pennsylvania consumers.To learn more about the Fair Debt Collection Practices Act: FDCPA", "publish_date": "1969-12-31 12:00:00" }, { "Title": "Mushinsky v. Nelson Watson Associates, LLC", "Slug": "mushinsky-v-nelson-watson-assoc-llc", "Content": "

642 F.Supp.2d 470 (E.D. Pa. 2009)<\/strong><\/p>

The federal district court agreed that it may be deceptive, under the Fair Debt Collection Practices Act, for a collector to label \"interest\" as part of \"principal\" in a collection dun. This decision was one of first impression in the Eastern District of Pennsylvania.<\/p>

See court opinion<\/a><\/p>

 <\/p>", "MetaDescription": "The federal district court agreed that it may be deceptive, under the Fair Debt Collection Practices Act, for a collector to label \"interest\" as part of \"principal\" in a collection dun.\u00a0This decision was one of first impression in the Eastern District of Pennsylvania.See court opinionTo learn more about the Fair Debt Collection Practices Act:\u00a0FDCPA violation", "publish_date": "1969-12-31 12:00:00" }, { "Title": "Regan v. Law Office Edwin Abrahamsen & Associates, PC", "Slug": "regan-v-law-office-edwin-abrahamsen-associates-pc", "Content": "

2010 WL 99373 (E.D. Pa. 2010)<\/strong><\/p>

Federal court agreed that it was illegal for this debt collector to call the consumer at her place of business and her parent\u2019s home when she had a lawyer and was making payments as agreed.<\/p>

See court opinion<\/a><\/p>

 <\/p>", "MetaDescription": "Federal court agreed that it was illegal for this debt collector to call the consumer at her place of business and her parent\u00e2\u20ac\u2122s home when she had a lawyer and was making payments as agreed.See court opinionTo learn more about the Fair Debt Collection Practices Act: FDCPA violation", "publish_date": "1969-12-31 12:00:00" }, { "Title": "Rosenau v. Unifund Corp.", "Slug": "rosenau-v-unifund-corp", "Content": "

539 F.3d 218 (3d Cir. 2008)<\/strong><\/p>

The U.S. Court of Appeals, reversing a decision of the lower federal court,  held that it may indeed be deceptive for an Ohio debt buyer to send out collection letters over the name of its \"Legal Dept\" where the \"Dept\" employed no lawyers and filed no lawsuits.<\/p>

See court opinion<\/a><\/p>

 <\/p>", "MetaDescription": "The U.S. Court of Appeals held that it may indeed be\u00a0deceptive for an Ohio debt collector to send out collection letters over the name of its \"Legal Dept\" where the \"Dept\" employed no lawyers and filed no lawsuits.See court opinionTo learn more about the Fair Debt Collection Practices Act:\u00a0FDCPA Class Action - Appeal", "publish_date": "1969-12-31 12:00:00" }, { "Title": "Rosenberg v. Academy Collection Services Inc.", "Slug": "rosenberg-v-academy-collection-services-inc-2007", "Content": "

(E.D. Pa. 2007)<\/strong><\/p>

Case type: FDCPA<\/a> Class Action<\/a><\/p>

When the phrase \u201cYour Delinquent Account\u201d could be seen through the window of the collection notice mailing envelope, in plain violation of federal law, Flitter Milz filed a class action suit to redress the problem. This resulted in a $230,000 class award for a small group of Philadelphia area consumers.<\/p>

 <\/p>", "MetaDescription": "Case type: FDCPA Class ActionWhen the phrase \u00e2\u20ac\u0153Your Delinquent Account\u00e2\u20ac\u009d could be seen through the window of the envelope of the collection notice, in plain violation of federal law, Flitter Milz filed a class action suit to redress the problem. This resulted in a $230,000 class award for a small group of Philadelphia area consumers.\u00a0", "publish_date": "1969-12-31 12:00:00" }, { "Title": "Hansen v. Hansen 2010", "Slug": "hansen-v-hansen-2010", "Content": "

Case type: Individual trial<\/p>

Flitter Milz unraveled a sophisticated accounting scam to recover $1 million in stolen insurance proceeds.  <\/p>", "MetaDescription": null, "publish_date": "1969-12-31 12:00:00" }, { "Title": "Sabol V Meenan Security Services 2004", "Slug": "sabol-v-meenan-security-services-2004", "Content": "

<\/h2>\n

Sabol v. Meenan Security Services (Pa. Ct. Com. Pls. 2004)<\/p>\n

Case type: Class action trial<\/a><\/p>\n

This suit was brought against a home-security firm who refused to let a consumer end his contract without penalty despite the alarm going off needlessly. The agency failed to comply with Pennsylvania\u2019s tough rules on disclosures for in-home sales. Delaware County Court of Common Pleas approved a class settlement worth over $700,000, and the security firm revamped its contract and disclosures.<\/p>", "MetaDescription": null, "publish_date": "1969-12-31 12:00:00" }, { "Title": "Daniels v. Hollister Co", "Slug": "use-gift-cards-daniels-v-hollister-co", "Content": "

440 N.J. Super.359 (App.Div.2015) <\/p>

Failure to Honor Gift Card \u2013 Appeal of class certification<\/strong><\/p>

When a clothing retailer gave promotional gift cards to its customers, they stated \"No expiration date\".  But the company later said the cards expired and cancelled them. Flitter Milz served as part of the legal team who sued on behalf of the aggrieved consumers. After the trial court certified the class of consumers, the retailer appealed. The appellate court affirmed class certification, holding that all consumers do not need to be immediately identifiable in order to proceed as a class action.<\/p>

See court opinion<\/a><\/p>", "MetaDescription": "Case type: Failure to Honor Gift Card\u00a0\u00e2\u20ac\u201c Appeal of class certification", "publish_date": "1969-12-31 12:00:00" }, { "Title": "Mcgee V Continental Tire North America Inc 2007", "Slug": "mcgee-v-continental-tire-north-america-inc-2007", "Content": "

<\/h2>\n

McGee v. Continental Tire North America, Inc., 2007 WL 2462624 (D.N.J. 2007)<\/p>\n

Case type: Class action<\/a> trial<\/p>\n

Flitter Milz filed this consumer class action lawsuit after Continental Tire installed tires on new Chrysler 300 autos that became unserviceable after as little as 5,000 - 10,000 miles of use. Final approval of the class action settlement provided a cash fund for consumers of $8 Million plus attorney fees and litigation expense. Tens of thousands of consumers submitted claims and received cash payments to reimburse part or all of the cost of replacement tires.<\/p>\n

Read more<\/a><\/p>", "MetaDescription": null, "publish_date": "1969-12-31 12:00:00" }, { "Title": "Brennan v. Community Bank, NA", "Slug": "brennan-v-community-bank-na", "Content": "

314 F.R.D. 541 (M.D. Pa. 2016) <\/strong><\/p>

In this action on behalf of Pennsylvania and New York consumers whose vehicles were repossessed, the Court gave final approval of a class action settlement  providing for $2,800,000 cash plus millions more in debt forgiveness and credit report correction.<\/p>

This story was covered by The ScrantonTimes-Tribune<\/strong>, December 10, 2013: \"Jermyn Woman Sues Bank over Repossessed Vehicle.\"<\/p>

To learn more about a consumer's rights when a vehicle is repossessed:  Repossession<\/a><\/p>

To learn more about class action lawsuits:  Class Action<\/a><\/p>", "MetaDescription": "In this action on behalf of Pennsylvania\u00a0and New York consumers whose vehicles were repossessed, the Court gave final approval of a class action settlement \u00a0providing for $2,800,000 cash plus millions more in debt forgiveness and credit report correction.This story was covered by\u00a0The ScrantonTimes-Tribune, December 10, 2013: \"Jermyn Woman Sues Bank over Repossessed Vehicle.\"To learn more about a consumer's rights when a vehicle is repossessed:\u00a0\u00a0Repossession", "publish_date": "2013-12-10 12:00:00" }, { "Title": "Cubler v. Trumark Financial Credit Union", "Slug": "cubler-v-trumark-financial-credit-union", "Content": "

83 A.3d 235 (Pa. Super. Ct. 2013)<\/strong><\/p>

Our client sued a credit union over the repossession of his car. The lower state courts were split on whether the consumer had 6 years or only 2 years to file suit. The appellate court agreed with our position that the law allows 6 years. The case was reversed and sent back to the lower court where the credit union agreed to a class-wide settlement providing cash, credit report correction, and the option to get forgiveness of any debt remaining on the auto loan.<\/p>

See court opinion<\/a><\/p>

To learn more about a consumer's rights when a vehicle is repossessed: Repossession<\/a><\/p>", "MetaDescription": "Our client sued a credit union over the repossession of his car. The lower state courts were split on whether the consumer had 6 years or only 2 years to file suit. The\u00a0appellate court agreed with our position that the law allows 6 years. The case was reversed and sent\u00a0back to the lower court where the credit union agreed to a class-wide settlement providing cash, credit report correction, and the option to get forgiveness of any debt remaining on the auto loan.", "publish_date": "1969-12-31 12:00:00" }, { "Title": "Rodriguez v. Fulton Bank", "Slug": "rodriguez-v-fulton-bank", "Content": "

Berks CCP 2015<\/strong><\/p>

This class action suit was against a regional lender for improper repossession practices. The bank's efforts to have our client's case sent to forced arbitration was denied. That decision was affirmed by the Superior Court. 108 A.3d 100 (Pa Superior Ct 2014) and the Supreme Court refused to accept a further appeal by the bank.  112 A.3d 654 (Pa. 2015) The matter was then resolved on a class-wide basis for hundreds of  consumers, where each received a substantial check, had any deficiency balance wiped out if they wished, and had the negative entry removed from their credit report.<\/p>

To learn more about a consumer's rights when a vehicle is repossessed:  Repossession<\/a><\/p>

 <\/p>

 <\/p>", "MetaDescription": "This class action suit was against a regional lender for improper repossession practices. The bank's efforts to have our client's\u00a0case sent to forced arbitration was denied. That\u00a0decision was affirmed by the Superior Court. 108 A.3d 100 (Pa Superior Ct 2014) and the Supreme Court refused to accept a further appeal by the bank. \u00a0112 A.3d 654 (Pa. 2015) The matter was then resolved on a class-wide basis for hundreds of \u00a0consumers, where each received a substantial check, had any deficiency balance wiped out if they wished, and had the negative entry removed from their credit report.", "publish_date": "1969-12-31 12:00:00" }, { "Title": "Cosgrove v. Citizens Auto Finance, Inc.", "Slug": "cosgrove-v-citizens-auto-finance-inc", "Content": "

2011 WL 3740809 (E.D. Pa. 2011)<\/strong><\/p>

This lawsuit was brought on behalf of 1,854 Pennsylvania consumers that had vehicles repossessed. The bank wrongly advised the borrowers that they had to pay off their car loan in full to get their repossessed vehicle back, while the finance contract allowed them to catch up and get their car back by making only past due payments. The class settlement, valued at over $10.65 million, paid out cash to each consumer, released class members from any post-auction deficiency or shortfall claimed to be due, and required the bank to have the negative listing removed from the class members' credit reports. In approving the settlement, the federal judge overseeing the case noted, \u201cClass counsel is highly experienced in consumer class actions and, as already noted, has consistently submitted excellent work to the Court.\u201d<\/p>

To learn more about a consumer's rights when a vehicle is repossessed: Repossession<\/a><\/p>

 <\/p>

 <\/p>", "MetaDescription": "This lawsuit was brought on behalf of 1,854 Pennsylvania consumers that had vehicles repossessed.", "publish_date": "1969-12-31 12:00:00" }, { "Title": "Hartt v. Flagship Credit Corp.", "Slug": "hartt-v-flagship-credit-corp", "Content": "

2010 WL 2736959 (E.D. Pa. 2010)<\/strong><\/p>

This settlement provided a fund of $2,500,000 to be distributed to approximately 900 Texas consumers that had vehicles repossessed improperly by the bank. Settlement provided that class members would get cash, be released from contract deficiency balances, which totaled over $11.285 million, and required that the credit bureaus show class member's deficient balance amount as satisfied on consumer credit reports.<\/p>

To learn more about your consumer rights when a vehicle is repossessed: Repossession<\/a><\/p>

To learn more about class action lawsuits: Class Action<\/a><\/p>

 <\/p>", "MetaDescription": "This settlement provided a fund of $2,500,000 to be distributed to approximately 900 Texas consumers that had vehicles repossessed improperly by the bank. Settlement provided that class members would get cash, be released from contract deficiency balances, which totalled\u00a0over $11.285 million, and required that the credit bureaus show class member's\u00a0deficient balance amount as satisfied on consumer credit reports.", "publish_date": "1969-12-31 12:00:00" }, { "Title": "McCall v. Drive Financial Services, LP", "Slug": "mccall-v-drive-financial-services-lp", "Content": "

440 F.Supp.2d 388 (E.D. Pa. 2006)<\/strong><\/p>

A Texas based sub-prime auto lender sought to improve collections by sending out bogus collection letters on fake lawyer letterhead saying their debt \"has been referred to<\/em>\" the lawyer's firm.  But the lawyer was an employee of the finance company, did not have a firm and had no role in sending the letter that went out over his name.  The letter also threatened judgment and wage garnishment, even though Pennsylvania law does not permit wage garnishment for auto finance debts.  The federal court sitting in Philadelphia certified a class on contest, granted the consumer's motion clarifying the maximum recovery under the Fair Debt law, and later approved a class-wide settlement that paid over $1300 to each consumer who was sent such a letter. The bank also agreed to discontinue using the deceptive form of collection letters. <\/p>", "MetaDescription": "A Texas based\u00a0sub-prime lender sought to improve collections by sending out bogus collection letters on lawyer letterhead saying their debt \"has been referred to\" the lawyer's firm. \u00a0But the lawyer was an employee of the finance company, did not have a firm and had no role in sending the letter that went out over his name. \u00a0The letter also threatened judgment and wage garnishment, even though Pennsylvania law does not permit wage garnishment for auto finance debts.", "publish_date": "1969-12-31 12:00:00" }, { "Title": "Gager v. Dell Financial Services", "Slug": "gager-v-dell-financial-services", "Content": "

Noteworthy Case: Gager v Dell Financial<\/a><\/strong><\/p>

727 F.3d 265 (3d Cir. 2013)<\/strong><\/p>

In the first case of its kind in the federal appeals courts, the U.S. Court of Appeals for the Third Circuit held that under the federal telephone statute consumers may block annoying robocalls to their cell phones by revoking any consent to call implied by applications for credit.  The lower court's dismissal of the consumer's case was reversed and the ruling became precedent for consumer privacy rights nationwide.   <\/p>

See court opinion<\/a> - Appeal<\/p>

Los Angeles Times, 8\/23\/13:<\/strong> Cellphone Users May Opt Out of Robocalls, Court says in Dell Ruling<\/a><\/p>

Pittsburgh Post Gazette, 8\/26\/13<\/strong>: Court: Cellphone Customers May Block Robocalls<\/a><\/p>

 <\/p>", "MetaDescription": "In the first case of its kind, the U.S. Court of Appeals for the Third Circuit agreed that consumers may block annoying robocalls to their cell phones, \"revoking\" any alleged consent implied by applying for credit, under the Telephone Consumer Protection Act (TCPA). The lower court's ruling was reversed and Flitter Milz' client's case, for\u00a0Ashley Gager,\u00a0returned to the district court to proceed.", "publish_date": "1969-12-31 12:00:00" }, { "Title": "Cappuccio v. Prime Capital Funding", "Slug": "predatory-lending-cappuccio-v-prime-capital-funding", "Content": "

2011<\/p>

Predatory Lending:
Equal Credit Opportunity Act (EEOC) & Truth in Lending Act (TILA) - Appeal<\/strong><\/p>

Our client was a victim of predatory mortgage lending. We obtained a jury verdict in her claims under the federal Equal Credit Opportunity Act and consumer deception law. The jury found that mortgage giant Countrywide committed fraud. We appealed  the one finding in favor of the mortgage lender. In a precedent-setting case under the Truth in Lending Act, the U.S. Court of Appeals found that a borrower's sworn statement is enough to prove a violation, if the jury finds it credible, and set aside the one part of the verdict that was rendered in favor of the mortgage company. The following year our client, Ms. Cappuccio, was invited to the White House to meet with President Obama to tell her story of mortgae fraud and provide input on new laws to alleviate the impact of  the devastating predatory loans issued during the financial crisis in the late 2000s. This pro-consumer decision reversed a dozen previous court rulings, and has been followed by other courts around the United States.<\/p>

\"Karen<\/p>

Flitter Milz client, Karen Cappuccio (left, seated across from President Obama), shared her experience as a victim of predatory lending with the President, his advisors, legislators, and other consumers.   <\/p>

See court opinion<\/a><\/p>", "MetaDescription": "Case type:\u00a0Equal Credit Opportunity Act (EEOC) & Truth in Lending Act (TILA) - Appeal", "publish_date": "1969-12-31 12:00:00" }, { "Title": "Velez v. Enhanced Recovery Company, LLC", "Slug": "velez-v-enhanced-recovery-company-llc", "Content": "

2016 WL 1730721 (E.D. Pa. 2016)<\/strong><\/p>

Flitter Milz challenged a large debt collector's threat to report any settlement to the IRS as confusing and intimidating to the consumer. The federal district court in Philadelphia agreed, finding that the misstatement might well influence the consumer's decision-making.<\/p>

See court opinion<\/a><\/p>

To learn more about the Fair Debt Collection Practices Act: FDCPA violation<\/a><\/p>", "MetaDescription": "Flitter Milz challenged a large debt collector's threat to report any settlement to the IRS as confusing and intimidating to the consumer. The federal district court in Philadelphia agreed, finding that the misstatement might well influence the consumer's decision-making.See court opinionTo learn more about the Fair Debt Collection Practices Act:\u00a0FDCPA violation", "publish_date": "1969-12-31 12:00:00" }, { "Title": "Berry v. ARS National Services Inc", "Slug": "berry-v-ars-national-services-inc", "Content": "

2015 WL 9315993 (E.D. Pa. 2015)<\/strong><\/p>

The Federal court in Philadelphia determined that a debt collector violates the privacy provisions of the FDCPA by sending collection correspondence through the mail that bears a bar code that, when scanned, reveals the consumers' financial account number.<\/p>

See court opinion<\/a><\/p>

To learn more about the Fair Debt Collection Practices Act: Unfair Debt Collection<\/a> <\/p>", "MetaDescription": "The Federal court in Philadelphia determined that a debt collector violates the privacy provisions of the FDCPA by sending collection correspondence through the mail\u00a0that bears a bar code that, when scanned, reveals the consumers' financial account number.See court opinion", "publish_date": "1969-12-31 12:00:00" }, { "Title": "Palmer v. Credit Collection Services, Inc.", "Slug": "palmer-v-credit-collection-services-inc", "Content": "

2015 WL 9315988 (E.D. Pa. 2015)<\/strong><\/p>

The Federal court in Philadelphia granted judgment in our consumer client's favor when the debt collector displayed a bar code through a collection envelope that revealed account information.  This was one of the very first cases in the nation to accept that a bar code can be easily scanned and the consumer's privacy thus easily compromised.<\/p>

 <\/p>

To learn more about the Fair Debt Collection Practices Act: FDCPA violation<\/a><\/p>", "MetaDescription": "The Federal court in Philadelphia granted\u00a0judgment in our consumer client's favor when\u00a0the debt collector displayed a bar code through a collection envelope that revealed\u00a0account information. \u00a0See court opinionTo learn more about the Fair Debt Collection Practices Act:\u00a0FDCPA violation", "publish_date": "1969-12-31 12:00:00" }, { "Title": "Richards v. Client Services Inc.", "Slug": "richards-v-client-services-inc", "Content": "

2015 WL 5836274 (M.D. Pa. 2015)<\/strong><\/p>

Flitter Milz challenged whether this debt collector properly calculated or disclosed any interest that may have run on the debt claimed due. A class-wide settlement was negotiated. In approving the settlement, the federal court, sitting in Wilkes-Barre, PA, noted our firm's \"extensive experience in class action suits.\"<\/p>

To learn more about the Fair Debt Collection Practices Act: FDCPA<\/a><\/p>

To learn more about class action lawsuits: Class Action<\/a><\/p>

 <\/p>", "MetaDescription": "Flitter Milz challenged whether this debt collector properly calculated or disclosed any interest that may have run on the debt claimed due. A class-wide settlement was negotiated.\u00a0In approving the settlement, the federal court, sitting in Wilkes-Barre, PA, noted our firm's \"extensive experience in class action suits.\"To learn more about the Fair Debt Collection Practices Act:\u00a0FDCPA", "publish_date": "1969-12-31 12:00:00" }, { "Title": "Posey v. NJR Clean Energy Ventures", "Slug": "solar-panel-leases-posey-v-njr-clean-energy-ventures", "Content": "

2015<\/p>

Solar Panels: Consumer Leasing Act violation<\/strong><\/p>

Our client, a senior citizen from Camden County, NJ was told, in writing, that new solar panels installed on her home would be free, so she signed. When it was discovered that the fine print really called for $13,000 in payments, she contacted Flitter Milz and we filed suit on her behalf. The federal court sitting in Trenton, NJ held that the complicated solar panel lease used did not comply with the consumer lease disclosures required by federal law.<\/p>

See Court opinion<\/em><\/a><\/p>

 <\/p>", "MetaDescription": "Case type: Consumer Leasing Act violation", "publish_date": "1969-12-31 12:00:00" }, { "Title": "Grimes v. Enterprise Leasing Co. of Philadelphia", "Slug": "consumer-protection-amicus-grimes-v-enterprise-leasing-co-philadelphia", "Content": "

2014<\/p>

Consumer Protection AMICUS Brief (\u201cfriend of the Court\u201d) - Appeal<\/strong><\/p>

Flitter Milz was part of a team of lawyers who wrote an Amicus (\"friend of the court\") brief on behalf of Pennsylvania consumer protection organizations in this PA Supreme Court case arising under the state Consumer Protection Law.<\/p>

 <\/p>", "MetaDescription": "Case type:\u00a0AMICUS Brief (\u00e2\u20ac\u0153friend of the Court\u00e2\u20ac\u009d) - Appeal\/*-->*\/\/*-->*\/\/*-->*\/Flitter Milz was part of a team of lawyers who wrote an Amicus (\"friend of the court\") brief on behalf of Pennsylvania consumer protection organizations in this PA Supreme Court case arising under the state Consumer Protection Law.", "publish_date": "1969-12-31 12:00:00" }, { "Title": "Douglass v. Convergent Outsourcing", "Slug": "douglass-v-convergent-outsourcing", "Content": "

765 F.3d 299 (3d Cir. 2014)<\/strong><\/p>

In this important privacy rights decision, the U.S. Court of Appeals for the Third Circuit held for the first time that a debt collector violated the Fair Debt Collection Practices Act (FDCPA) by displaying a consumer's account number through the glassine window of a collection envelope. The Court agreed that this long-running practice in the debt collection industry could violate the consumer's right to privacy, and forbade it.<\/p>

See court opinion<\/a><\/p>

Legal Aid of Southeastern Pennsylvania<\/a> (LASP) was the designated recipient of a cy pres<\/a><\/em> award<\/a>, funds that remained unclaimed after distribution of the settlement fund.  LASP provides free civil legal assistance to those living in Bucks, Chester, Delaware and Montgomery county Pennsylvania, who cannot afford the services of a private attorney.<\/p>

To learn more about the Fair Debt Collection Practices Act: Unfair Debt Collection<\/a> \u2013 FDCPA Class Action \u2013 Appeal<\/p>", "MetaDescription": "In this important privacy rights decision, the U.S. Court of Appeals for the Third Circuit held for the first time that a debt collector violated the Fair Debt Collection Practices Act (FDCPA) by displaying a consumer's account number through the glassine window of a collection envelope.See court opinion", "publish_date": "1969-12-31 12:00:00" }, { "Title": "Hishmeh v. Cabot Collection Systems LLC ", "Slug": "hishmeh-v-cabot-collection-systems-llc-2014", "Content": "

2014 WL 460768 (E.D. Pa. 2014)<\/strong><\/p>

Case type: FDCPA violation<\/a> <\/p>

The federal court sitting in Philadelphia agreed that this debt collector failed to provide our client with the important consumer disclosure required by federal law.<\/p>

 <\/p>", "MetaDescription": "Case type: FDCPA violation\u00a0The federal court sitting in Philadelphia agreed\u00a0that this debt collector failed to provide our client with the important consumer disclosure required by federal law.\u00a0", "publish_date": "1969-12-31 12:00:00" }, { "Title": "Tiedemann v. NRA Group, LLC", "Slug": "tiedemann-v-nra-group-llc-2013", "Content": "

2013<\/strong><\/p>

Case type: TCPA violation<\/a><\/p>

The federal court sitting in Harrisburg, PA refused the collector's motion to dismiss the case brought by our client who was receiving repeated and unrelenting automated collection calls over an old, disputed medical debt.<\/p>

See court opinion<\/a><\/p>", "MetaDescription": "Case type: TCPA violation\/*-->*\/\/*-->*\/\/*-->*\/The\u00a0federal court sitting in Harrisburg, PA\u00a0refused the collector's motion to dismiss the case brought by our client who was receiving repeated and unrelenting automated collection calls over an old, disputed medical debt.", "publish_date": "1969-12-31 12:00:00" }, { "Title": "Edmondson V Lincoln Natl Life Ins Co 2013", "Slug": "edmondson-v-lincoln-natl-life-ins-co-2013", "Content": "

Case type: Class action<\/a> appeal<\/p>\n

This case was a class action matter under the Employee Retirement Income Security Act (ERISA) involving the misuse of \"retained asset accounts\" to distribute life insurance proceeds. Because the insurance policy did not call for payment in one lump sum, the Court found that payment by a retained asset account was acceptable.<\/p>", "MetaDescription": null, "publish_date": "1969-12-31 12:00:00" }, { "Title": "Sacks V Dja Automotive 2013", "Slug": "sacks-v-dja-automotive-2013", "Content": "

Case type: Individual trial<\/p>\n

When our client learned that a local Kia dealer sold him a car with an odometer discrepancy but concealed it, we were engaged to enforce his rights in court. The federal court in Philadelphia agreed that there was ample evidence of wrongdoing by this dealer including Odometer Act violations, and denied the dealer's effort to have the case dismissed.<\/p>\n

Read more<\/a><\/p>", "MetaDescription": null, "publish_date": "1969-12-31 12:00:00" }, { "Title": "Cable v. Allied Interstate, Inc.", "Slug": "cable-v-allied-interstate-inc", "Content": "

2013<\/strong><\/p>

This federal court sitting in Harrisburg, PA ruled on violations to the Telephone Consumer Protection Act where hundreds of wrong-party collection \"robo calls\" placed to a consumer's home violated their privacy.<\/p>

See court opinion<\/a><\/p>

To learn more about the Telephone Consumer Protection Act: TCPA violation<\/a><\/p>", "MetaDescription": "This federal court sitting in Harrisburg, PA ruled on violations to the Telephone Consumer Protection Act where hundreds of wrong-party collection \"robo calls\" placed to a consumer's home violated their privacy.See court opinionTo learn more about the Telephone Consumer Protection Act: TCPA violation", "publish_date": "1969-12-31 12:00:00" }, { "Title": "Jackson V Midland Funding Llc", "Slug": "jackson-v-midland-funding-llc", "Content": "

468 Fed.Appx. 123 (3d Cir. 2012)<\/strong><\/p>

Flitter Milz was brought in as appellate counsel to defend a successful ruling issued by the federal court in Camden, NJ. On appeal, the Court of Appeals for the 3d Circuit agreed that the award in the consumer's favor was correct and that it was not necessary to have sued the collector in state court.<\/p>

See court opinion<\/a><\/p>

To learn more about the Fair Debt Collection Practices Act: FDCPA violation<\/a><\/p>", "MetaDescription": "Flitter Milz was brought in as appellate counsel to defend a successful ruling issued by the federal court in Camden, NJ. On appeal, the Court of Appeals for the 3d Circuit agreed that the award in the consumer's favor was correct and that it was not necessary to have sued the collector in state court.See court opinion", "publish_date": "1969-12-31 12:00:00" }, { "Title": "Perry v. DriveHere.com, Inc.", "Slug": "credit-repair-perry-v-driveherecom-inc", "Content": "

E.D. Pa., 2011<\/p>

Credit Repair and Consumer Auto Leasing<\/strong><\/p>

This sub-prime leasing company in Montgomery County not only leased clunker cars, but also violated federal law that governs auto lessors and credit repair clinics.  <\/p>

See court opinion<\/a><\/p>", "MetaDescription": "Case type: Consumer Auto LeasingThis sub-prime leasing company in Montgomery County not only leased clunker cars, but also\u00a0violated federal law that governs auto lessors and credit repair clinics. \u00a0See court opinion", "publish_date": "1969-12-31 12:00:00" }, { "Title": "Court holds dozens of Florida consumer complaints against Vivint Solar and Solar Mosaic can come to light in FCRA trial", "Slug": "court-holds-dozens-of-florida-consumer-complaints-against-vivint-solar-and-solar-mosaic-can-come-to-light-in-fcra-trial", "Content": "

Two Florida consumers, from different parts of the Sunshine State, complained that two separate salesmen from Vivint Solar, on two separate occasions, forged their signatures allowing a company they never heard of - Solar Mosaic (a finance company) - to illegally obtain their consumer credit reports without consent.  They hired Flitter Milz, PC to sue Vivint Solar and Solar Mosaic to enforce their rights under the Fair Credit Reporting Act (\"FCRA\").<\/p>

During fact discovery in the case, Solar Mosaic and Vivint Solar were ordered by the court to produce dozens of similar complaints by other consumers across Florida who said that Vivint Solar salespeople pulled their credit report without consent.  Moreover, both Vivint Solar and Solar Mosaic knew about the multiple complaints of fraud by Vivint Solar sales agents.  The federal court recently denied Vivint Solar and Solar Mosaic's motion for judgment in the case to dismiss the consumers' claims, and ordered that they must face trial on the FCRA counts for actual and punitive damages.<\/p>

CLICK HERE<\/a> if you were the victim of forgery or invasion of your credit privacy.<\/strong><\/p>", "MetaDescription": null, "publish_date": "1969-12-31 12:00:00" }, { "Title": "Dutterer v. Thomas Kalperis International, Inc.", "Slug": "dutterer-v-thomas-kalperis-intern-inc", "Content": "

767 F.Supp.2d 504 (E.D. Pa. 2011)<\/strong><\/p>

The Federal court for the Eastern District of Pennsylvania agreed that our consumer client does not have to prove payment nor provide detail in order to demand that the debt collector validate a debt it is trying to collect.<\/p>

See court opinion<\/a><\/p>

To learn more about the Fair Debt Collection Practices Act: Unfair Debt Collection<\/a> <\/p>", "MetaDescription": "The Federal court for the Eastern District of Pennsylvania agreed that our consumer client does not have to prove payment nor provide detail in order to demand that the debt collector validate a debt it is trying to collect.See court opinionTo learn more about the Fair Debt Collection Practices Act:\u00a0Unfair Debt Collection\u00a0", "publish_date": "1969-12-31 12:00:00" }, { "Title": "Holmes v. Mann Bracken LLC ", "Slug": "holmes-v-mann-bracken-llc-2009", "Content": "

2009 WL 5184485 (E.D. Pa. 2009)<\/strong><\/p>

Case type: FDCPA Class Action<\/p>

Federal court agreed that this collection firm's longstanding policy to arbitrate with the borrower absent from the arbitration proceeding violates the Pennsylvania rules governing arbitration of credit card disputes and was fundamentally unfair.  This effectively precluded tens of millions of dollars in bogus arbitration awards against unwitting consumers from being enforced.<\/p>

See court opinion<\/a><\/p>", "MetaDescription": "Case type:\u00a0FDCPA Class ActionFederal court agreed that this collection firm's longstanding policy to arbitrate with the borrower absent from the arbitration proceeding violates the Pennsylvania\u00a0rules governing arbitration of credit card disputes.See court opinion", "publish_date": "1969-12-31 12:00:00" }, { "Title": "Reed v. Pinnacle Credit Services, LLC", "Slug": "reed-v-pinnacle-credit-services-llc-2009", "Content": "

2009 WL 2461852 (E.D. Pa. 2009)<\/strong><\/p>

Case type: FDCPA<\/a> Class Action<\/a><\/p>

Where one part of a collection letter said the consumer \"will not be sued\" over a balance, but another part said the consumer could be forced into arbitration over that balance, the Court agreed the discrepancy is inconsistent and potentially misleading to the consumer. The Court quotes an earlier holding from another Flitter Milz case that \"a communication is deceptive for purposes of the FDCPA if it can reasonably be read to have two or more different meanings, one of which is inaccurate.\"<\/p>

See court opinion<\/a><\/p>", "MetaDescription": "Case type: FDCPA Class Action", "publish_date": "1969-12-31 12:00:00" }, { "Title": "Smith v. NCO Financial Systems Inc.", "Slug": "smith-v-nco-financial-systems-inc", "Content": "

WL 1675078 (E.D. Pa. 2009)<\/strong><\/p>

The federal court agreed that this collector violated federal law when it stated that it may disclose private information to third parties, where the FDCPA prohibits such communications to others.<\/p>

See court opinion<\/a><\/p>

To learn more about the Fair Debt Collection Practices Act: FDCPA<\/a><\/p>

To learn more about class action lawsuits: Class Action<\/a><\/p>", "MetaDescription": "The federal court agreed that this collector violated federal law when it stated that it may disclose private information to third parties, where the FDCPA prohibits such communications to others.See court opinionTo learn more about the Fair Debt Collection Practices Act: FDCPA", "publish_date": "1969-12-31 12:00:00" }, { "Title": "Smith v. NCO Financial Systems, Inc. 257 Frd 429 Ed Pa 2009", "Slug": "smith-v-nco-financial-systems-inc-257-frd-429-ed-pa-2009", "Content": "

Smith v. NCO Financial Systems, Inc., 257 F.R.D. 429 (E.D. Pa. 2009)<\/p>

Case type: FDCPA<\/a> Class Action<\/a><\/p>

Federal court rejected the collector's attempt to \"pick off\" our client's class action claim by offering her, but not the other class members, a full settlement payment.<\/p>

 <\/p>", "MetaDescription": "Case type:\u00a0FDCPA Class ActionFederal court rejected the collector's attempt to \"pick off\" our client's class action claim by offering her,\u00a0but not the other class members,\u00a0a full settlement payment.See court opinion", "publish_date": "1969-12-31 12:00:00" }, { "Title": "Wagner v. Client Services Inc.", "Slug": "wagner-v-client-services-inc", "Content": "

2009 WL 839073 (E.D. Pa. 2009)<\/strong><\/p>

The federal court sitting in Philadelphia agreed that it was deceptive for a debt collector to state that the bank \"is required\" to report settlements with consumers to the Internal Revenue Service where there is no requirement to report many different types of settlements.   <\/p>

 <\/p>

To learn more about the Fair Debt Collection Practices Act: FDCPA violation<\/a><\/p>", "MetaDescription": "The federal court sitting in Philadelphia agreed that it was deceptive for a debt collector to state that the bank \"is required\" to report settlements with consumers to the Internal Revenue Service where there is no requirement to report many different types of settlements. \u00a0\u00a0See court opinionTo learn more about the Fair Debt Collection Practices Act: FDCPA violation", "publish_date": "1969-12-31 12:00:00" }, { "Title": "Kohn V Unumprovident Corp 2008", "Slug": "kohn-v-unumprovident-corp-2008", "Content": "

Case type: Individual trial<\/p>\n

Federal court in Philadelphia agreed that an insurance company may not lawfully hire an investigator to pose as the insured in order to obtain documents to investigate an insurance claim.<\/p>\n

Read more<\/a><\/p>", "MetaDescription": null, "publish_date": "1969-12-31 12:00:00" }, { "Title": "Hernandez v. Lamboy Furniture, Inc.", "Slug": "hernandez-v-lamboy-furniture-inc", "Content": "

WL 4061344 (E.D. Pa. 2008)<\/strong><\/p>

The federal trial court upheld our client's claim for violation of the federal Fair Credit Reporting Act (FCRA) when her credit reports were obtained under false pretenses by a furniture employee when she sought financing from the store. Although the employee was permitted to access consumer credit reports, he was not permitted to pass it along to an unauthorized individual.<\/p>

To learn more about the Fair Credit Reporting Act and consumer rights: FCRA Violation<\/a><\/p>", "MetaDescription": "The federal trial court upheld our client's claim for violation of the federal Fair Credit Reporting Act (FCRA) when her credit reports were obtained under false pretenses by a furniture employee when she sought financing from the store. Although the employee was permitted to access consumer credit reports, he was not permitted to pass it along to an unauthorized individual.To learn more about the Fair Credit Reporting Act and consumer rights: FCRA Violation", "publish_date": "1969-12-31 12:00:00" }, { "Title": "Siconolfi v. Collection & Recoveries, Inc.", "Slug": "siconolfi-v-collection-recoveries", "Content": "

(E.D. Pa. 2008)<\/strong><\/p>

When a doctor's office mistakenly balance-billed the patient, he refused to pay, but a collector placed a \"late pay\" on the consumer's credit report. A suit under the Fair Credit Reporting Act against the collection agency for the bad reporting was upheld by the federal court in Pennsylvania.  <\/p>

To learn more about the Fair Credit Reporting Act and consumer rights: FCRA Violations<\/a><\/p>", "MetaDescription": "When a doctor's office mistakenly balance-billed the patient,\u00a0he refused to pay, but a collector placed a \"late pay\" on the consumer's credit report. A suit under the Fair Credit Reporting Act against the collection agency for the bad reporting was upheld by the federal court in Pennsylvania. \u00a0To learn more about the Fair Credit Reporting Act and consumer rights: FCRA Violations", "publish_date": "1969-12-31 12:00:00" }, { "Title": "Campuzano Burgos v. Midland Credit Management Inc.", "Slug": "campuzano-burgos-v-midland-credit-management-inc-2008", "Content": "

550 F.3d 294 (3d Cir. 2008)<\/strong><\/p>

Case type: Unfair Debt Collection<\/a> - FDCPA Class Action<\/a><\/p>

This case resulted in a precedential opinion by the U.S. Court of Appeals for the Third Circuit in Philadelphia, in a Fair Debt Collection Practices Act (FDCPA) case which challenged the misrepresentation of lawyer involvement in collection duns. The court felt the consumer would be misled by collection duns coming from a corporate officer who had no involvement.<\/p>", "MetaDescription": "Case type:\u00a0Unfair Debt Collection - FDCPA Class Action", "publish_date": "1969-12-31 12:00:00" }, { "Title": "Nawrocki V Faulkner Ciocca Ford Souderton 2007", "Slug": "nawrocki-v-faulkner-ciocca-ford-souderton-2007", "Content": "

<\/h2>\n

Nawrocki v. Faulkner Ciocca Ford of Souderton, 2007 WL 3146671 (E.D. Pa. 2007)<\/p>\n

Case type: Individual trial<\/p>\n

When a Bucks county car dealer tried to increase the price after the car was sold, the consumer balked. The car dealer repossessed the car, then allowed a damaging entry onto the buyer's credit report. The federal district court in Philadelphia agreed that two consumer statutes may have been violated and denied the dealer's motion to dismiss the case. <\/p>\n

Read more<\/a><\/p>\n

 <\/p>", "MetaDescription": null, "publish_date": "1969-12-31 12:00:00" }, { "Title": "Womack v. National Action Financial Services ", "Slug": "womack-v-national-action-financial-services-2007", "Content": "

WL 2155669 (E.D. Pa. 2007)<\/strong><\/p>

Case type: FDCPA<\/a> Class Action<\/a><\/p>

Federal court denied the defendant debt collector's motion to dismiss, upholding our client's claims under the FDCPA.  <\/p>", "MetaDescription": "Case type: FDCPA Class ActionFederal court denied the defendant debt collector's motion to dismiss, upholding our client's claims under the FDCPA. \u00a0", "publish_date": "1969-12-31 12:00:00" }, { "Title": "Watson v. NCO Group Inc.", "Slug": "watson-v-nco-group-inc", "Content": "

462 F.Supp.2d 641 (E.D. Pa. 2006)<\/strong><\/p>

In one of the early, groundbreaking cases under the Telephone Consumer Protection Act (TCPA), the federal court held that robocalls to our client's telephone were prohibited under TCPA, entitling him to substantial damages.  <\/p>

See court opinion<\/a><\/p>

 <\/p>", "MetaDescription": "In one of the early, groundbreaking cases under the Telephone Consumer Protection Act (TCPA), the federal court held that our client's claims about landline robo calls intended for someone else, violated the TCPA, entitling him to substantial damages. \u00a0See court opinionTo learn more about the Telephone Consumer Protection Act: TCPA Violation", "publish_date": "1969-12-31 12:00:00" }, { "Title": "Brown v. Card Service Center", "Slug": "brown-v-card-service-center", "Content": "

464 F.3d 450 (3d Cir. 2006)<\/strong><\/p>

Flitter Milz challenged a debt collector's statement that the client's case \"could be referred for suit\" when they never sue. The lower federal court held that \"could\" was truthful, since the matter could<\/strong><\/em> be sent for a collection suit against the consumer. On appeal, the Court reversed, finding that even if technically true, it was still deceptive for the collector to suggest that suit might be coming when it would not be.  This first-of-its-kind decision in the 3d Circuit has become important precedent for pro-consumer limitations on debt collectors and has since been cited hundreds of times by other courts.  The landmark case became featured in a story by Time Magazine, Sue Up or Shut Up!<\/em><\/a><\/p>

See Court opinion<\/a><\/p>

To learn more about the Fair Debt Collection Practices Act: Unfair Debt Collection<\/a> <\/p>", "MetaDescription": "Flitter Milz challenged a debt collector's statement that the client's case\u00a0\"could be referred for suit\" when they never sue. The lower federal court held that \"could\" was truthful, since the matter\u00a0could\u00a0be sent for a collection suit against the consumer. On appeal, the Court reversed, finding that even if technically true, it was still deceptive for the collector\u00a0to suggest that suit might be coming when it would not be.", "publish_date": "1969-12-31 12:00:00" }, { "Title": "Nelson v. Select Financial Services, Inc.", "Slug": "nelson-v-select-financial-services-inc", "Content": "

430 F.Supp.2d 455 (E.D. Pa. 2006)<\/strong><\/p>

A debt collection letter stating that the debt had been \u201cverified\u201d by the debtor's inaction was false or deceptive, according to the federal district court in Philadelphia, PA.<\/p>

See court opinion<\/a><\/p>

To learn more about the Fair Debt Collection Practices Act: FDCPA violation<\/a><\/p>", "MetaDescription": "A debt collection letter stating that the\u00a0debt had been \u00e2\u20ac\u0153verified\u00e2\u20ac\u009d by the debtor's inaction was false or deceptive, according to the federal district court in Philadelphia, PA.See court opinionTo learn more about the Fair Debt Collection Practices Act: FDCPA violation", "publish_date": "1969-12-31 12:00:00" }, { "Title": "Neal V Bavarian Motors Inc 2006", "Slug": "neal-v-bavarian-motors-inc-2006", "Content": "

<\/h2>\n

Neal v. Bavarian Motors, Inc., 882 A.2d 1022 (Pa. Super. Ct. 2006)<\/p>\n

Case type: Individual appeal<\/p>\n

Flitter Milz obtained a jury verdict for the consumer client after the car dealership sold her a car that it knew was a stolen car.  <\/p>\n

Read more<\/a><\/p>", "MetaDescription": null, "publish_date": "1969-12-31 12:00:00" }, { "Title": "Smith v. Law Office of Laurence A. Hecker", "Slug": "smith-v-hecker-2005", "Content": "

2005 WL 894812 (E.D. Pa. 2005)<\/strong><\/p>

Case type: FDCPA violation<\/a><\/p>

The federal court for the Eastern District of Pennsylvania agreed that the debt collector violated the federal consumer laws in its notification of consumer's rights.  <\/p>", "MetaDescription": "Case type:\u00a0FDCPA violationThe federal court for the Eastern District of Pennsylvania agreed that the debt collector violated the federal consumer laws in its notification of consumer's rights. \u00a0", "publish_date": "1969-12-31 12:00:00" }, { "Title": "Lukens v. Dunphy Nissan Inc.", "Slug": "lukens-v-dunphy-nissan-inc", "Content": "

2004 WL 1661220 (E.D. Pa. 2004)<\/strong><\/p>

A Delaware County Nissan dealer hired a car salesman without a salesman's license, and who was still on parole for theft-by-deception and other felonies. After our client's identity was stolen just weeks after a visit to this dealership, phoney accounts were opened up and Flitter Milz was hired to help fix the problem. The federal court in Philadelphia agreed that the dealership may be liable for the actions of its employees to where the dealership allowed access to consumer credit reports.<\/p>

To learn more about the Fair Credit Reporting Act and consumer rights: FCRA Violation<\/a><\/p>

 <\/p>", "MetaDescription": "A Delaware County Nissan dealer hired a new salesman, even though he was not yet licensed and was still on parole for theft-by-deception and other felonies. After our client's identity was stolen just weeks after a visit to this dealership, Flitter Milz was hired to fix the problem. Here, the federal court agreed that the dealership may well be liable for the actions of its employees who had access to consumer credit reports.To learn more about the Fair Credit Reporting Act and consumer rights:\u00a0FCRA Violation", "publish_date": "1969-12-31 12:00:00" }, { "Title": "Miller V Nissan Motor Acceptance Corp 2004", "Slug": "miller-v-nissan-motor-acceptance-corp-2004", "Content": "

<\/h2>\n

Miller v. Nissan Motor Acceptance Corp., 362 F.3d 209 (3d Cir. 2004)<\/p>\n

Case type: Class action<\/a> appeal<\/p>\n

This important appeals case under the federal Consumer Leasing Act addressed the amount a consumer may owe if she terminates her auto lease early. <\/p>\n

Read more<\/a><\/p>", "MetaDescription": null, "publish_date": "1969-12-31 12:00:00" }, { "Title": "Evantash v. GE Capital Mortgage Services Inc.", "Slug": "evantash-v-ge-capital-mortgage-services-inc", "Content": "

2003 WL 22844198 (E.D. Pa. 2003)<\/strong><\/p>

Although our client's husband filed for bankruptcy, our client did not.  But the credit bureaus reported on her credit report that she<\/em> had an \"account included in bankruptcy\", damaging her credit.  The mortgage company and credit bureau refused to correct it, and we sued on her behalf.  The federal court sitting in Philadelphia agreed that the reporting was not sufficiently accurate to satisfy the federal credit reporting laws.<\/p>

See court opinion<\/a><\/p>

To learn more about the Fair Credit Reporting Act and consumer rights: FCRA violation<\/a><\/p>", "MetaDescription": "Although our client's husband filed for bankruptcy, our client did not. \u00a0But the credit bureaus reported on her credit report that\u00a0she\u00a0had an \"account included in bankruptcy\", damaging her credit. \u00a0The mortgage company and credit bureau refused to correct it, and we sued on her behalf. \u00a0The federal court sitting in Philadelphia agreed that the reporting was not sufficiently accurate to satisfy the federal credit reporting laws.See court opinion", "publish_date": "1969-12-31 12:00:00" }, { "Title": "Applebaum V Nissan Motor Acceptance Corp", "Slug": "auto-leasing-applebaum-v-nissan-motor-acceptance-corp", "Content": "

226 F.3d 214 (3d Cir. 2000)<\/p>

Consumer Auto Leasing <\/strong><\/p>

This important Court of Appeals decision by Judge (now Justice) Samuel Alito determined that the residual value assigned to a car at the start of the lease must be disclosed in the lease. The Nissan Motor Acceptance lease ran afoul of the federal Consumer Leasing Act in the form auto lease it used for our client.<\/p>

See court opinion<\/a><\/p>", "MetaDescription": "Case type:\u00a0Consumer Auto Leasing FraudThis important Court of Appeals decision by (now Justice) Samuel Alito determined that the residual value assigned to a car at the start of the lease must be disclosed in the lease. The Nissan Motor Acceptance lease ran afoul of the federal Consumer Leasing Act in the form auto lease it used for our client..See court opinion", "publish_date": "1969-12-31 12:00:00" }, { "Title": "Oneill V Sovereign Bank 1998", "Slug": "oneill-v-sovereign-bank-1998", "Content": "

<\/h2>\n

O'Neill v. Sovereign Bank, 1998 WL 1543498 (Pa. Ct. Com. Pls. 1998)<\/p>\n

Case type: Class action trial<\/a><\/p>\n

This successful class action lawsuit in Philadelphia challenged the mortgage servicer's practice of holding too much borrower funds in its escrow account. The class was certified on contest.<\/p>", "MetaDescription": null, "publish_date": "1969-12-31 12:00:00" }, { "Title": "Hall v. Harleysville Insurance Company", "Slug": "hall-v-harleysville-ins-co", "Content": "

896 F.Supp. 478 (E.D. Pa. 1995)<\/strong><\/p>

This trailblazing case under the Fair Credit Reporting Act (FCRA) was against an insurance company who obtained consumer credit reports on its insured and his wife in order to investigate a claim.<\/p>

See court opinion<\/a><\/p>

To learn more about the Fair Credit Reporting Act and consumer rights: FCRA Violation<\/a><\/p>", "MetaDescription": "This trailblazing case\u00a0under the Fair Credit Reporting Act (FCRA) was against an insurance company who obtained consumer credit reports on its insured and his wife in order to investigate a claim.See court opinionTo learn more about the Fair Credit Reporting Act and consumer rights: FCRA Violation", "publish_date": "1969-12-31 12:00:00" }, { "Title": "Lake V First Nationwide Bank 1995", "Slug": "lake-v-first-nationwide-bank-1995", "Content": "

<\/h2>\n

Lake v. First Nationwide Bank, 900 F.Supp. 726 (E.D. Pa. 1995)<\/p>\n

Case type: Class action<\/a> trial<\/p>\n

This class action settlement was approved after a mortgage servicer withheld too much of the consumers' money for the tax and insurance escrow.<\/p>\n

Read more<\/a><\/p>", "MetaDescription": null, "publish_date": "1969-12-31 12:00:00" }, { "Title": "Shaw v. Hayt Hayt Landau LLC", "Slug": "shaw-v-hayt-hayt-landau-llc", "Content": "

(D.N.J. 2016)<\/strong><\/p>

A law firm debt collector repeatedly froze bank accounts of an innocent consumer who bore a similar name to a relative who actually owed the money. The federal court sitting in Trenton held that this may well violate the Fair Debt Collection Practices Act and denied the law firm's motion to dismiss the case.<\/p>

See court opinion<\/a><\/p>

To learn more about the Fair Debt Collection Practices Act: FDCPA violation<\/a><\/p>", "MetaDescription": "A law firm debt collector repeatedly froze bank accounts of an innocent consumer who bore a similar name to a relative who actually owed the money. The\u00a0federal court sitting in Trenton held that this may well violate the Fair Debt Collection Practices Act and denied the law firm's motion to dismiss the case.See court opinionTo learn more about the Fair Debt Collection Practices Act: FDCPA violation", "publish_date": "1969-12-31 12:00:00" }, { "Title": "McCall v. Drive Financial Services", "Slug": "mccall-v-drive-financial-services", "Content": "

Phila CCP 2009<\/strong><\/p>

This groundbreaking repossession class action was brought against a sub-prime lender for improper repossession practices. After the court certified the case as a class action, Flitter Milz recovered $5.8 million cash, over $30 million in debt forgiveness, and removal of the negative entry from the consumers' credit reports.<\/p>

To learn more about a consumer's rights when a vehicle is repossessed: Repossession<\/a><\/p>

 <\/p>

 <\/p>", "MetaDescription": "This groundbreaking\u00a0repossession class action was brought against a sub-prime lender for improper repossession practices. After the\u00a0court certified the case as a class action, Flitter Milz recovered $5.8 million\u00a0cash, over $30\u00a0million\u00a0in debt forgiveness, and removal of the negative entry\u00a0from the\u00a0consumers' credit reports.To learn more about a consumer's rights when a vehicle is repossessed: Repossession", "publish_date": "1969-12-31 12:00:00" }, { "Title": "Brown v. Vivint Solar and Solar Mosaic", "Slug": "brown-v-vivint-solar-and-solar-mosaic", "Content": "

Solar Panels: Fair Credit Reporting Act violation<\/strong><\/p>

Our clients \u2013 from cities in different parts of Florida \u2013 complained that the same thing happened to them: their credit reports were pulled without their permission.  Evidence revealed that this was a widespread corporate practice. Solar Mosaic and Vivint Solar, request to have the case dismissed was denied by the court.  The consumers will have their day in Court later in 2020. <\/p>

View Court Order<\/a><\/p>", "MetaDescription": null, "publish_date": "1969-12-31 12:00:00" }, { "Title": "Maryland federal court rules Vivint Solar must turn over trove of consumer complaints", "Slug": "shackleford-v-vivint-solar-developer-llc", "Content": "

A Maryland consumer filed a complaint in federal court claiming that a Vivint Solar salesman pretended to be with her electric company and obtained her credit report without her consent and upon false pretenses in violation of the Fair Credit Reporting Act (\"FCRA\"). She hired Flitter Milz, PC to pursue her claims for her.  One of the consumer's main allegations in the case is that her experience was not unique, but rather corporate policy at Vivint Solar.  The consumer's complaint about the impermissible credit pull by Vivint Solar has been echoed by consumers across the country.<\/p>

CLICK HERE<\/a> if someone has obtained your credit report without your permission.<\/strong><\/p>", "MetaDescription": null, "publish_date": "1969-12-31 12:00:00" }, { "Title": "Hutchins v. Mountain Run Solutions, LLC, et al.", "Slug": "hutchins-v-mountain-run-solutions-llc-et-al", "Content": "

Flitter Milz Nets $360k Award in Mixed-File Case<\/strong><\/p>

A U.S. federal court recently awarded $360,000 to our client, a young man whose life was upended by a debt collector who refused to remove an inaccurate account from his credit report despite our client\u2019s numerous requests. <\/p>

Our client is a young professional who noticed a collection account he didn\u2019t recognize on his credit report.  The account \u2013 which dragged down his credit score \u2013 belonged to his father, who shared the same name but had a different date of birth, SSN, and address.  The son made three disputes to the credit bureau Experian and the debt collector, Mountain Run Solutions, claiming the debt was not his and asking for an investigation, only to have his requests to investigate ignored.  He was forced to sue. <\/p>

Mixed files like this, as recognized by the Consumer Financial Protection Bureau, are a big, big problem in the credit reporting industry.<\/p>

After a damages hearing in federal court, the court entered judgment against the debt collector, awarding $180,000 to the son for the mental and emotional toll the negative credit caused him.  The court also said punitive damages were warranted for the debt collector\u2019s knowing and willful violation, adding another $180,000 to the award for a total of $360,000.  (The claim against the credit bureau was resolved out of court). <\/p>

The case is Hutchins v. Mountain Run Solutions, LLC<\/strong> and can be found here<\/a>. <\/p>", "MetaDescription": null, "publish_date": "1969-12-31 12:00:00" }, { "Title": "Dwyer v. Ameriprise \u2013 Success at PA\u2019s Supreme Court", "Slug": "dwyer-v-ameriprise-success-at-pas-supreme-court-2", "Content": "

 <\/strong>April 26, 2024<\/p>

Flitter Milz, PC attorneys Cary Flitter<\/a>, Andy Milz<\/a> and Jody Lopez-Jacobs<\/a>, along with Community Legal Services<\/a>, Donovan Litigation Group, LLC<\/a>, Langer Grogan & Diver<\/a>, and Motley Rice, LLC<\/a> co-authored an amicus brief<\/a> in the Pennsylvania Supreme Court on behalf of the National Consumer Law Center<\/a>, the National Association of Consumer Advocates<\/a> and various legal aid organizations. This \u201cfriend of the court\u201d brief called on the Court, \u201conce again, to protect the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P.S. \u00a7\u00a7 201-1 to 201-9.2 (\u201cUTPCPL\u201d), from narrow, restrictive interpretations that deny consumers the full scope of the remedial relief mandated by the statute.\u201d<\/p>

On April 25, 2024, the Supreme Court issued a precedential opinion<\/a> siding with the consumer Plaintiffs and our Amicus brief, affirming the broad remedial nature of Pennsylvania\u2019s flagship consumer protection law. <\/p>

The Supreme Court held that the trial court could not use a jury\u2019s common-law punitive damages award or the award of statutory attorney fees to limit the availability of treble damages under the UTPCPL.  Rather than being interchangeable with punitive damages, treble damages under the CPL are a separate remedy available to consumers wholly independent of any entitlement to punitive damages or attorney fees.  The Court reiterated the UTPCP\u2019s purpose \u201cto benefit the public at large by eradicating\u201d unfair acts and practices and the Act must be read \u201cliberally to effect its object of preventing unfair or deceptive practices.\u201d<\/p>

This same group of consumer attorneys co-authored a successful amicus brief in an earlier Supreme Court decision, Gregg v. Ameriprise<\/a>, in which the Supreme Court ruled that an UTPCPL claim built on \u201cdeceptive\u201d conduct does not incorporate the common law requirement of intent that must be proved in common law fraud claims.<\/p>", "MetaDescription": null, "publish_date": "2024-04-26 12:00:00" } ] }