Ohio-
Statute of Limitations Under FDCPA-
Bouye v. Bruce, 6th Cir. Nos. 21-6195/22-5016 (Mar. 1, 2023).
In this appeal, the Sixth Circuit reversed in part the district court’s decision, finding that a claim brought...more
3/15/2023
/ Arbitration ,
Debt Collection ,
Derivative Suit ,
FDCPA ,
Federal Arbitration Act ,
Foreclosure ,
Forum Selection ,
Good Faith ,
Guaranty Claims ,
Investigations ,
Sheriffs Sale ,
Statute of Limitations ,
Waivers
Fair Debt Collection Practices Act-
In this appeal, the Court of Appeals for the Sixth Circuit reversed and remanded the District Court for the Northern District of Ohio’s decision, finding the debt collector violated the...more
7/11/2022
/ Apex Doctrine ,
Breach of Contract ,
Communications Decency Act ,
Condition Precedent ,
Coronavirus/COVID-19 ,
Corporate Officers ,
Debt Collection ,
Debt Collectors ,
Defamation ,
Depositions ,
Disclosure ,
False Statements ,
FDCPA ,
Financial Reporting ,
Financial Services Industry ,
Foreclosure ,
Post Judgment Discovery ,
Premature Claims ,
Statute of Limitations ,
Summary Judgment ,
Waivers
On October 28, 2021, the Eleventh Circuit vacated its April 21, 2021 opinion (Hunstein I) that had sent shockwaves through the debt collection industry and substituted a new Opinion (Hunstein II) in its place...more
Ohio-
Restrictive Covenants-
New California Woods Homeowners Assn. v. Jakse, 3d Dist. Union No. 14-21-04, 2021-Ohio-3783 In this appeal, the Third Appellate District affirmed the trial court’s decision, agreeing that...more
11/9/2021
/ Affirmative Use Deed Restrictions ,
Article III ,
Bonuses ,
Debt Collection ,
Debt Collectors ,
Disclosure ,
Expert Witness ,
Fair Labor Standards Act (FLSA) ,
FDCPA ,
Foreclosure ,
Homeowners ,
Homeowners Association (HOA) ,
Property Owners ,
Property Tax ,
Punitive Damages ,
Restrictive Covenants ,
Salary/Wage History ,
State Treasurers ,
Third-Party
The Bullet Point is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation. We’re pleased to expand the Bullet Point from its previous coverage of Ohio case...more
9/23/2021
/ Arbitration ,
Cancellation of Debt (COD) ,
Coronavirus/COVID-19 ,
Debt Collection ,
Denial of Rehearing ,
Fair Credit Reporting Act (FCRA) ,
FL Supreme Court ,
Foreclosure ,
Injunctions ,
Motion to Compel ,
Offer of Judgment ,
Residential Property Owners ,
Robocalling ,
TCPA ,
Technology ,
Zoom®
The Eleventh Circuit released an Opinion on April 21, 2021, related to the Fair Debt Collection Practices Act (FDCPA), which is a must-read for all in the business of servicing loans or collecting debts. The Eleventh Circuit...more
The Telephone Consumer Protection Act (TCPA) is always the subject of litigation. The United States Supreme Court recently ruled that the government debt exception, which was added to the statute in 2015, was...more