Yearly Archives: 2013


Randy Slovin and Brad Council 2014 Super Lawyers

Slovin & Associates is pleased to announce that once again Randy Slovin and Brad Council have been included in the Thomson Reuters 2014 Ohio Super Lawyers list.  Randy was named a 2014 Ohio Super Lawyer and Brad was named a 2014 Rising Star. Super Lawyers is a rating service of outstanding lawyers […]


Ohio’s New Law – Potential Benefits of Cure Offers in CSPA Claims

The Ohio Consumer Sales Practices Act (CSPA) provides consumers with remedies against suppliers who engage in deceptive or unconscionable acts or practices. The CSPA allows consumers to recover economic and non-economic damages as well as treble damages, attorney’s fees and court costs in some situations. The prospect of large payouts […]


Brad Council attends annual Consumer Law Conference

Slovin & Associates attorney, Brad Council attended the annual Consumer Law conference sponsored by the Ohio State Bar Association on July 31, 2013.  The conference included presentations by the Consumer Financial Protection Bureau (CFPB), the Federal Trade Commission (FTC), the Ohio Attorney General’s Consumer Protection Section, as well as distinguished […]


Home Solicitation Sales Act Violation Can Lead to Rescission or Damages, Not Both

On June 27, 2013, the Ohio Court of Appeals decided the matter of Patrick Garber  v. STS Concrete Co., LLC.  The appellants claim the trial court erred in awarding the Appellee treble damages and attorney fees when he was also allowed to rescind the contract.  They also claimed that holding […]


Mortgage Servicing Not A Consumer Transaction

The matter Anderson v. Barclay’s Capital Real Estate, Inc., Slip Opinion No. 2013-Ohio-1933, came before the Supreme Court of Ohio with the queries:  Is the servicing of a residential mortgage considered a “consumer transaction” as defined by the Ohio Consumer Sales Practice Act (“CSPA”) as codified in R.C.1345.01(A) and is […]


What a Difference a State Makes: Variations in Spousal Liability for Medical Debts in Ohio, Kentucky, & Indiana

The liability that individuals have for their spouse’s medical expenses is a common question for creditors with accounts consisting of medical debt. In the course of our practice in Ohio, Kentucky, and Indiana we have found that liability varies by state and depends upon the courts’ interpretation of common law […]


Careful Wording Of Release Agreements

Last month, the United States District Court for the Eastern District of Michigan handed down a decision regarding release agreements.  The case involved a personal debt owed by Jamie Hines to A&A American Financial, LLC (A&A), who was represented by G. Reynolds Sims & Associates (GRSA).  GRSA obtained a default […]


CAUTIOUS COLLECTION LETTER WORDING

On March 1, 2013, in the case of Caprio v. Healthcare Revenue Recovery Group, LLC, the Third Circuit of the United States Court of Appeals reversed a judgment in a collections case and remanded the case for further proceedings because the use of the words “please call” overshadowed the need […]


Medical Charges Presumed Reasonable and Challenges Must Be Substantiated

On February 11, 2013, in the Court of Appeals of Ohio, Third Appellate District, Hardin County, judgment was affirmed in Riverside Methodist Hospital, Plaintiff-Appellee, (“Riverside”) v. Stephanie S. Phillips, Defendant-Appellant, (“Phillips”) Case No. 6-12-14 finding that summary judgment for Riverside was appropriate even without the medical bill being introduced into evidence and […]


Ohio Legacy Trust Act

On December 12, 2012, Ohio Governor Kasich, signed into law House Bill 479, the Ohio Asset Management Modernization Act, which enacts the Ohio Legacy Trust Act and will take effect on March 27, 2013.   The Act will increase the residential real property exemption to $125,000.00.  This same exemption was […]


FDCPA Claim Barred by res judicata and Lack of Standing

On December 20, 2012, in the case of Dionte Tyler, v. DH Capital Management, Inc., Case No. 3:12-CV-00129-CRS the United States District Court, for the Western District of Kentucky, dismissed the Plaintiff’s complaint for damages under the Fair Debt Collection Practices Act (“FDCPA”) finding that the claims were barred by […]