Yearly Archives: 2015


Offer of Judgment May Moot Class Action

Uncertified Class Actions May Be Dismissed Upon Complete Offer of Judgment Class actions based on alleged Fair Debt Collection Practices Act (FDCPA) violations can become extraordinarily expensive for debt collectors, with costs potentially including statutory damages of up to $500,000, plaintiff’s attorney’s fees, and costs, in addition to the substantial […]


No Common Law Implied Warranty of Habitability in Landlord-Tenant Arrangements

Kentucky Court of Appeals Confirms No Common Law Implied Warranty of Habitability in Landlord-Tenant Arrangements in Closely Watched Case             On July 10, 2015, a panel of the Kentucky Court of Appeals rendered a decision in Wildcat Property Management, LLC v. Franzen, 2014-CA-000964-MR, a closely-watched case in the landlord-tenant realm.  […]


When a Person is Not a Person Under the FDCPA

The Sixth Circuit Expands the Pool of Potential Plaintiffs Who Can Qualify as a “Person” to Bring Forth a Claim Under the FDCPA The Sixth Circuit of the United States Court of Appeals rendered a novel ruling on July 23, 2015 in Anarion Investments LLC v. Carrington Mortgage Services, LLC, […]


TCPA and Health Care Admissions

In the case of Baisden v. Credit Adjustments, Inc. the US District Court for the Southern District of Ohio reviewed the issue of the application of the Telephone Consumer Protection Act (“TCPA”) to “other health care providers” in the context of hospital admission and subsequent collection.  In the case, Baisden […]


WE’VE MOVED!

Slovin & Associates Co., LPA is pleased to announce that our firm has moved office locations.  Nestled between the iconic Cincinnati Museum Center and the downtown central business district, our office is now conveniently located at 644 Linn Street in the historic Queensgate neighborhood of Cincinnati. 


Be Wary of Incorporating Clauses in Commercial Contracts

The Kentucky Supreme Court rendered an interesting decision recently in Dixon v. Daymar Colleges Group, LLC, 2012-SC-000687-DG. In this case, a group of students challenged a for-profit college’s enrollment process as both procedurally and substantively unconscionable.  The College challenged the students’ right to institute legal proceedings in circuit court based […]


Permissible Voicemails Under the FDCPA

The content of a voicemail message that the Fair Debt Collection Practices Act (FDCPA) permits to be included on a consumer’s voicemail has long been a source of debate. As Congress, the FTC, and the CFPB have failed to give significant guidance on how the FDCPA should apply to voicemail […]


FDCPA Class Award Limited Per Action

Statutory Award for Class Action Lawsuits Brought Against Multiple Defendants under the Fair Debt Collection Practices Act Limited to Per Action Basis   VIOLET P. BLANDINA, on behalf of herself and all others similarly situated, Plaintiff v. MIDLAND FUNDING, LLC, et al.   On February 2, 2015, the U.S. District […]