Smith Debnam Narron Drake Saintsing & Myers, LLP

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The Landmark Center
4601 Six Forks Road, Suite 400
Raleigh, NC 27609, United States
Phone: 919.250.2000
Fax: 919.250.2211
Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Bankruptcy
  • Commercial Law & Contracts
  • Construction Law
  • Debtor/Creditor
  • Family Law
  • Finance & Banking
  • Labor & Employment Law
  • Real Estate
  • Wills, Trusts, & Estate Planning
Locations
Other U.S. Locations
  • North Carolina
  • South Carolina
Number of Attorneys
25-50 Attorneys

Eleventh Circuit Continues To Explore Definition Of Debt Collector

An unpublished opinion from the Eleventh Circuit continues its analysis of the definition of a debt collector and continues to narrow the applicability of the FDCPA. As many may recall, the Eleventh Circuit’s opinion in…more
 /  Civil Procedure, Consumer Protection, Finance & Banking

District Court Provides Successful Road Map for Bona Fide Error Defense

The FDCPA, through section 1692d(6), prohibits a debt collector from placing telephone calls to a debtor “without meaningful disclosure of the caller’s identity.” 15 U.S.C. § 1692d(6). The FDCPA also includes a “bona fide…more
 /  Civil Procedure, Consumer Protection, Finance & Banking

Seventh Circuit Holds Voice Mail Message Is A Communication

The Seventh Circuit has held that a voice mail message left for a consumer is a “communication” under the FDCPA. In Hart v. Credit Control, LLC, 2017 U.S. App. LEXIS 18375 (11th Cir. Sept, 22, 2017), the debt collector left a…more
 /  Civil Procedure, Communications & Media Law, Finance & Banking

North Carolina Doubles Down on Enforcing Employee Misclassification

On August 11, 2017, Governor Roy Cooper signed into law the Employee Fair Classification Act. While the Act does not change the definition of what constitutes an “employee” under existing North Carolina law, the Act does…more
 /  Elections & Politics, Labor & Employment Law

Employers Beware! North Carolina Business Court Establishes New Standard for Consideration for Restrictive Covenants

Restrictive covenants are valuable tools employers can use to protect their proprietary interests. Covenants not to compete and covenants not to solicit an employer’s clients or employees are the most common forms of restrictive…more
 /  Commercial Law & Contracts, Labor & Employment Law

After a House Fire: Restoring your Home Without Losing Your Mind.

June 25, 2015: Lighting struck the roof of our home. The firefighters arrived seven minutes after the 911 call. After 30 minutes, the fire was out, and we were soaked and without a home. Thirteen months later, we’re back in our…more
 /  Construction Law, Real Estate - Residential

No interest? No Disclosure? No Problem!

The juxtaposition of Sections 1692e and 1692g continues to be a battle ground for the consumer bar and collection industry. Section 1692e prohibits false, deceptive or misleading representations in connection with the…more
 /  Consumer Protection, Finance & Banking

Five Steps to Maximizing Your Conference Experience

With the Fall conference season approaching, I’m often asked by my peers how I decide which conferences to attend, and what do I do to get the most out of attending these industry events. While I have a few favorite conferences…more
 /  Law Practice Products & Services

Where She Has Practiced Her Entire Career

A recent e-bar announced the installation of Caryn Coppedge McNeill, the new president of the North Carolina Bar Association, and the election of the president-elect, Jacqueline D. Grant. A demanding, virtually full-time job…more
 /  Law Practice Products & Services

Fifth Circuit Affirms Debt Collector’s Duty to Report Disputed Debt

A recent opinion from the Fifth Circuit should serve as a reminder to debt collectors that their duties as to disputed debts are not governed solely by section 1692g. In Sayles v. Advanced Recovery Systems, Advanced Recovery…more
 /  Consumer Protection, Finance & Banking

Mortgage Servicer’s Transfer Notice Violates FDCPA

Mortgage servicers need to carefully review their Transfer Notices when the debt is in default at the time of transfer. In an unpublished decision, the Eastern District of New York recently held that a “Notice of Servicing…more
 /  Civil Procedure, Consumer Protection, Finance & Banking, Real Estate - Residential

EEOC Shakeup: New Chair Nominated To Run Agency

Out with the old, in with the new: Acting Chair Victoria Lipnic was passed over by the Trump administration to lead the Equal Employment Opportunity Commission (EEOC). Fortune 500 executive Janet Dhillon has been nominated for…more
 /  Administrative Law, Elections & Politics, Labor & Employment Law

Different but Equivalent: Fourth Circuit Clarifies Parameters of Leave Under Family and Medical Leave Act

On May 16, 2017, the United States Court of Appeals for the Fourth Circuit, which governs cases pending in North Carolina, issued an opinion that reveals the parameters within which an employer may fill an employee’s position…more
 /  Civil Rights, Labor & Employment Law, Military Law, Government Contracting

A Handwritten Codicil Can Lead to Disaster

Mr. James Paul Allen of Beaufort County, North Carolina executed a duly drafted will on August 29, 2002. The will was prepared by his longtime attorney who had represented him in many matters. Mr. Allen was not married and had…more
 /  Wills, Trusts, & Estate Planning

CFPB's Monthly Complaint Report Takes a New Approach

The CFPB has issued its monthly complaint report. The report is a high level snapshot of trends in consumer complaints. The report traditionally provides a summary of the volume of complaints by product category, by company and…more
 /  Consumer Protection, Finance & Banking, Real Estate - Residential
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