Results

Recent FCRA and Identity Theft Cases:

We help victims of inaccurate credit reporting and identity theft every day.  Here are some examples of cases we have recently handled:

• Successful resolution of case on behalf of consumer whose husband had stolen her identity and run up hundreds of thousands of dollars of debt in her name.
• Successful resolution of case on behalf of former law enforcement officers whose identities were stolen in connection with dozens of illegal vehicle purchases.
• Successful resolution of case on behalf of banker whose credit card was stolen and used to incur tens of thousands of charges at nightclubs, damaging consumer’s credit.
• Successful resolution of case on behalf of consumer whose identity was used by auto dealership in connection with financing of another family member’s vehicle.
• Successful resolution of case involving client whose identity was stolen and used to rent (and not pay for) a New York City apartment.
• Successful resolution of case involving client whose credit falsely stated that a debt was still owing when it had already been paid.
• Successful resolution of case involving business man whose credit card was stolen while travelling abroad.
• Successful resolution of case involving consumer whose credit was damaged when a debt dispute involving a purchase made by his father (not him)  resulted in negative credit reporting and collection attempts.
• Successful resolution of case involving high-net worth client being subjected to collections on tens of thousands of dollars of fraudulent credit card charges for flights and other purchases.
• Successful resolution of case involving client’s forged signature on auto loan documents.

Class Actions

We are leaders in consumer protection, and regularly represent consumers in New York and around the country in consumer class actions:

• Defeat of motion to dismiss in class action against Wells Fargo alleging interest overcharges on variable rate mortgages. Carrillo v. Wells Fargo, 2019 WL 3927369 (Aug. 20, 2019);
• Reversal on appeal before the U.S. Court of Appeals, D.C. Circuit, of trial court decision dismissing class action for violation of the Fair and Accurate Credit Transactions Act (FACTA). Jeffries v. Volume Services of America, 928 F.3d 1059 (July 2, 2019).
• Approved class action settlement in case alleging improper calculation of interest owed by Georgia consumers on state court judgments. Thomas v. Sherwin P. Robin & Associates, P.C. et al., 16-cv-02529-AT (N.D.G.A.)
• Approved class action settlement in case alleging violation of New York’s Rent-To-Own statutes. Daisley v. West Creek Financial, Inc., 18-cv-03555-BMC (E.D.N.Y.)
• Approved class action against high volume debt collector regarding alleged misstatements in thousands of state court pleadings filed on behalf of National Collegiate Student Loan Trust. Winslow v. Forster & Garbus, LLP, No. CV 15-2996 (AYS), 2017 WL 6375744, at *1 (E.D.N.Y. Dec. 13, 2017); Case was settled after successful motion for class certification and defeat of Defendant’s motion for Summary Judgment. Winslow v. Forster & Garbus, LLP, et al., 15-CV-02996 (E.D.N.Y)
• Approved class action settlement in FDCPA class action regarding alleged filing of fraudulent affidavits in tens of thousands of state court collection cases. Coble, et al. v. Cohen & Slamowitz, et al., 11-CV-01037 (S.D.N.Y.) See, 824 F. Supp. 2d 568 (S.D.N.Y. Oct. 11, 2011) (denying defendants’ motion to dismiss)
• Approved class action settlement in a multi-district product liability class action regarding allegedly defective plastic cooling tubes in certain Porsche vehicles (member, executive committee). In re Porsche Cars North America, Inc., Plastic Coolant Tubes Products Liability Litigation, 11-MD-2233 (N.D. Ohio) See, 880 F. Supp. 2d 801 (S.D. Ohio 2012); 2014 U.S. Dist. LEXIS 88693 (S.D. Ohio June 30, 2014), aff’d summary order (6th Cir. 14-3421, 7/13/15)
• Approval of class settlement involving over 58,000 consumers. Settlement achieved after winning Reversal of district court’s decision denying class certification and holding that National Bank Act Preemption of state usury laws did not extend to non-bank taking assignment of loans from a national bank, and defeating Defendant’s motion for summary judgment. In re Midland Funding Interest Rate Litigation, 11-CV-814 (S.D.N.Y.) (class action). See, 2015 U.S. App. 8483, 786 F.3d 246 (2d Cir. 2015) rehearing denied 8/15/2015; 237 F.Supp.3d 130 (2017)
• Approved FDCPA class action regarding allegedly false and misleading collection letters sent to judgment debtors. Defendant denied all allegations. The case was settled and approved by the District Court prior to any findings of fact with regard to Plaintiff’s allegations. Moy v. Eltman, Eltman & Cooper, P.C., 12-CV-02382 (E.D.N.Y.)
• Approved FDCPA class action against high volume debt collection law firm involving alleged misstatements regarding debt collectors’ standing to sue, and alleged failure to meaningfully review state court collection pleadings. De La Paz v. Rubin & Rothman, LLC, et al., 11-CV-9625 (S.D.N.Y.)
• Approved FDCPA class action regarding alleged filing of consumer collection actions against upstate New Yorkers in improper venues and related alleged misstatements in boilerplate summonses. Klippel v. Portfolio Recovery Associates, LLC, et al., 15-cv-1061 (N.D.N.Y.)

Other Notable Representations

• Denial of dismissal of FDCPA and Judiciary Law claims based on debt collection attorneys’ alleged failure to file state court complaint timely under New York’s borrowing statute, and alleged failure to meaningfully review complaint prior to filing. Diaz v. Portfolio Recovery Assoc., LLC, 10-CV-3920 (E.D.N.Y.) 2012 U.S. Dist. LEXIS 25802 (E.D.N.Y. Feb. 28, 2012), adopted by, objections overruled by, 2012 U.S. Dist. LEXIS 72724 (E.D.N.Y. May 23, 2012)
• Reversal of dismissal of complaint with regard to unlawful addition of attorney’s fees in complaint filed against rent-controlled tenant in housing court. DiMatteo v. Sweeney, Gallo, Reich & Bolz, 13-CV-8451 (S.D.N.Y.) See, 2015 U.S. App. LEXIS 12250 (2d Cir. July 16, 2015)
• Striking of defendants’ answer and sanctioning defendants in case involving allegations of medical debt collection abuse. 894 F. Supp. 2d 245 (granting in part and denying in part parties’ cross motions for summary judgment) Douyon v. NY Med. Health Care, P.C., 10-CV-3983 (E.D.N.Y). See, 2011 U.S. Dist. LEXIS 47850 (E.D.N.Y. May 4, 2011) Plaintiffs’ motion for reconsideration granted at 2013 U.S. Dist. LEXIS 138053 (E.D.N.Y. Sept. 25, 2013); 49 F. Supp. 3d 328 (E.D.N.Y. 2014) (awarding attorney’s fees)
• Dismissal of motion to enforce arbitration award on grounds that arbitral forum was institutionally biased against consumers. FIA Card Services, N.A. v. Miguel Escobar, 2010 N.Y. Misc. LEXIS 3729 (N.Y. City Civ. Ct. May 10, 2010)
• Reversal of dismissal and finding of federal jurisdiction pursuant to the Magnuson Moss Warranty Act. Pyskaty v. Wide World of Cars, LLC, 856 F.3d 216 (2d Cir. 2017). Case was successfully resolved just prior to trial.
• Denial of motion to dismiss and sanctioning defendant. Shepherd v. Law Offices of Cohen & Slamowitz, LLP, 08-CV-6199 (S.D.N.Y.). See, 668 F.Supp. 2d 579 (S.D.N.Y. 2009); 2010 U.S. Dist. LEXIS 135501 (S.D.N.Y. December 21, 2010) (awarding fees)
• Granting consumer rescission of home loan pursuant to the Truth in Lending Act. United States Bank Nat’l Ass’n v. Pia, 2011 N.Y. Misc. LEXIS 4962 (N.Y. Sup. Ct. Oct. 7, 2011); affirmed 106 A.D.3d 991 (2d Dept. 2013); leave to appeal denied, 2013 LEXIS 2512 (Ct of Appeals, 9/17/13); 2014 N.Y. Misc. LEXIS 3841 (N.Y. Sup. Ct. Aug. 26, 2014) (holding bank in contempt for non-compliance with prior court orders and denying bank’s motion to quash post-judgment discovery)