What Constitutes Excessive Calling Under the FDCPA?
What constitutes excessive calling under the FDCPA? While the law prohibits excessive calling, there is no bright line rule for how many times a debt collector may call a consumer over a period of...
View ArticleA "Personal Business Matter" is Still Personal in Tennessee
A Federal District Court in Tennessee ruled that the phrase "personal business matter" does not convey information regarding a debt under the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. §...
View ArticleChief Judge Smacks Down Account Number on Envelope Douglass Claim
The Chief Judge in the Northern District of Illinois dismissed a proposed FDCPA class action lawsuit today which alleged an account number on an envelope violated the statute.
View ArticleArmed and Employed: Guns-at-Work Laws
Twenty-one states have passed laws designed to protect an employee's right to possess concealed firearms on the employer's private property. In response to the tragic gun violence occurring across the...
View ArticleTop Lawyers 2015
Top Lawyers 2015 Sessions, Fishman, Nathan & Israel, LLC is proud to announce our Top Lawyers of New Orleans Magazine for 2015: Max Nathan, Jr. (Trusts & Estates, Tax Law) Carole Cukell Neff...
View ArticleThink you are Personally Safe from FDCPA Liability? Think Again.
Courts have found the FDCPA may breach the traditional protections of a corporate barrier, holding individual officers and directors personally liable. The majority of district courts have followed the...
View ArticleExcessive Calling Under the FDCPA
How much is too much? While the law prohibits excessive calling, there is no bright line rule for what constitutes a violation for excessive calling under § 1692d(5). Instead, courts consistently...
View ArticleWHAT MAY A DEBT COLLECTOR SAY ON A CALL ANSWERED BY A THIRD PARTY? NOT MUCH.
The federal court for the Eastern District of New York granted summary judgment in favor of a plaintiff who alleged the defendant debt collector violated the FDCPA by asking a third party to have the...
View ArticleA Legal Third Party Message!
A federal court in Tennessee recently dismissed a case after ruling that a brief conversation between a debt collector law firm and a third party during which the collector identified itself as the...
View ArticleDOL Proposed Rule: Ready or Not, Big Changes Are Coming
Do you employ exempt (salaried) supervisors, managers, trainers, recruiters, and other professionals earning less than $50,440 per year? If so, Uncle Sam may be giving them a raise very soon, whether...
View ArticleSeventh Circuit Slams Debt Buyer With Vendor Management Obligation Under The...
The Seventh Circuit Court of Appeals has struck another blow to the collection industry, imposing an obligation on a debt buyer to monitor its hired collection agency to ensure overall compliance with...
View ArticlePersonal Liability under the TCPA: The Dangers of Being the Boss
With little regard for general corporation protections, several courts have ruled employees and officers may be personally liable for TCPA violations.
View ArticleU.S. Supreme Court calls into question federal jurisdiction over harmless...
On May 16, 2015, the U.S. Supreme Court issued an opinion casting doubt on the continued viability of the long-held assumption that federal courts have jurisdiction whenever a consumer alleges the...
View ArticleBREAKING NEWS: DOL Doubles the Minimum Salary for Exempt Employees
Yesterday, the White House announced a Department of Labor (DOL) Final Rule increasing the minimum salary for exempt (salaried) employees to $47,476, effective December 1, 2016. The current minimum...
View ArticleDOL Final Rule: What About Bonuses & Commissions?
We've received a number of calls and emails asking 3 main questions:
View ArticleSessions Honored for Unparalleled Client Relationships in 2016 Rankings
Clients recognize Sessions, Fishman, Nathan & Israel for its unparalleled client relationships in the BTI Power Rankings 2016: The Law Firms with the Best Client Relationships.
View ArticleWake Up Call! CFPB's Dream is a Debt Collector's Nightmare.
On July 28, 2016, the CFPB released its Outline for Proposals Under Consideration for Debt Collector Rules. The "outline" is 117 pages of CFPB dreams for the debt collection industry. If those dreams...
View ArticleBREAKING NEWS: DOL Overtime Rule Blocked
In an eleventh-hour decision, a Texas federal judge has temporarily blocked the Department of Labor's (DOL) Final Rule increasing the minimum salary for exempt (salaried) employees from $26,660/year to...
View ArticleIt Is Time To Think Twice Before Trying To Collect Time-Barred Debt.
The Seventh Circuit has raised the bar yet again for any debt collector trying to collect a debt that may be time-barred.
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