In November the Consumer Financial Protection Bureau (CFPB) issued the Final Rule for Regulation F for the Fair Debt Collection Practices Act (FDCPA). Regulation F helps modernize the FDCPA with new regulations since its initial enactment in 1977. Previously the FDCPA did not cover modern forms of communication, such as […]
The past year has been a difficult time for many thanks to the COVID-19 pandemic. Life as we know it changed. Businesses were closed which left many out of work and concern for how financial obligations were going to be paid. There have been some recent amendments to the Title […]
CINCINNATI, OHIO–Slovin & Associates has teamed up with local nonprofit New Life Furniture Bank to help families and individuals in the Greater Cincinnati area who are leaving homelessness and escaping abuse yet are still living in poverty. New Life Furniture Bank provides beds, kitchen tables, small appliances and other essentials […]
The United States Court of Appeals for the Sixth Circuit recently held that a procedural violation of the Fair Debt Collection Practices Act (“FDCPA”) does not, on its own, show an injury-in-fact necessary to establish standing. Buchholz v. Meyer Njus Tanick, PA, 946 F.3d 855 (6th Cir. 2020). In Buchholz, […]
I am the VP of Agency and Legal Management for Plaza Services LLC, a consumer creditor based in Atlanta. I have worked in the accounts receivable industry for 25 years, and have experience working with a number of law firms that specialize in creditor’s rights. It is from this experience […]
Slovin & Associates has announced that its attorney and compliance officer, William Abbey, has been admitted to the Ohio State Bar and is now licensed to practice law in the state of Ohio. Abbey has been licensed to practice law in Kentucky since being admitted to the Kentucky State Bar […]
As an attorney, one of my goals is to bring about resolution for my clients while minimizing additional expenses and stress. The primary contributor of these is often when a case goes to court. Sometimes, avoiding litigation is simply impossible in order to achieve resolution. But before we go to […]
Slovin & Associates has announced that Brad Council, an attorney with the creditor’s rights law firm, has been promoted to partner. Since joining the law firm in 2007, Council’s practice has covered all areas of commercial litigation, creditor’s rights including compliance with federal and state consumer credit and collection laws, […]
The US 6th Circuit Court of Appeals recently reviewed what it means to “cease” under the FDCPA. Scott v. Trott Law, P.C. defines the scope of collection activities and the obligation that a debt collector is bound by when it comes to non-judicial foreclosures. The definition that the Court creates […]
Marriage to a person with a significant amount of debt can raise some concerns and has potential to create large amounts of liability for the other party. Many states have implemented a doctrine of necessaries in attempts to define the amount of liability created when there is a spousal relationship, […]
Slovin & Associates is pleased to announce that for a 5th consecutive year Randy Slovin and Brad Council have been included in the Thomson Reuters Ohio Super Lawyers list. Randy was named a 2018 Ohio Super Lawyer and Brad was named a 2018 Rising Star. Super Lawyers is a rating service […]
A unanimous United States Supreme Court ruled today that purchasers of defaulted debt are not considered debt collectors by at least one definition found in the Fair Debt Collection Practices Act (“FDCPA”) and therefore are not necessarily subject to its restrictions, even though they are not the originator of the […]
In Johnston v. Midland Credit Management, the U.S. District Court for the Western District of Michigan, Southern Division, held that a mere “procedural violation” did not satisfy the concrete-harm requirement of standing, and that a complaint alleging an FDCPA violation did not automatically establish a claim upon which relief may […]
On December 8, 2016 the Ohio Senate unanimously passed revisions to Ohio Revised Code section 2329 regarding dormant judgments and the bill now awaits the expected signature of Governor Kasich. In Ohio, a judgment would become dormant if execution was not issued upon the judgment for a 5 year period. […]
The Consumer Sales Practices Act (CSPA) is an Ohio statute governing consumer transactions that limits a number of specific business practices as well as more general prohibitions against unfair and deceptive acts by businesses against consumers. As the Ohio Supreme Court recently held however, a number of transactions and businesses […]
In June of 2015 we posted on the positive decision of the US District Court for the Southern District of Ohio in the matter of Baisden v. Credit Adjustments, Inc. whereby the District Court found “prior express consent” was given to Credit Adjustments to call the Plaintiff’s cellphone when the […]
In the matter of Barto v. Boardman Home Inspection, Inc. the Ohio Eleventh District Court of Appeals determined that the limitation of liability provision in a home inspection contract was not unconscionable and thereby did not violation the Ohio Consumer Sales Practices Act. Barto hired Boardman Home Inspection, which is […]
Ohio Appeals Court Renders Ruling in Favor of Landlords in “Dog-Harboring” Case In Morris v. Cordell, the First Appellate District Court of Appeals of Ohio, based in Cincinnati, recently rendered an interesting opinion regarding the potential liability of a landlord of a single-family house for injuries sustained from a dog’s […]
OCSPA Class Actions Require Actual Damage In Felix v. Ganley Chevrolet, the Ohio Supreme Court recently held that ALL members of a plaintiff’s class action alleging violations of the Ohio Consumer Sales Practices Act (“OCSPA”) must have suffered actual injury as a result of the alleged conduct to maintain an […]
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. […]
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, […]
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 […]
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.
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 […]
In the matter of Willoughby Supply Company v. Robert Inghram, the Ohio Eleventh District Court of Appeals affirmed a decision upholding an owner’s oral guaranty of a corporate debt through the application of the leading object rule. In the case Robert Inghram was the owner and sole shareholder of a […]
Ohio has a public policy favoring the enforcement of arbitration provisions in contracts and ORC 2711.01(A) provides that such provisions will be enforced unless grounds exist in law or equity for revocation of the contract. The Ohio Court of Appeals recently addressed the issue and looked at whether an arbitration […]
On August 4, 2014 the Office of the Comptroller of the Currency (“OCC”) issued new Risk Management Guidance to all National Banks and Federal Savings Associations regarding the sale of consumer debt. The OCC bulletin issues guidance on best practices and procedures for the sale and resale of debt from […]
On May 14, 2013 we reported on the Indiana District Court case of Suesz v. Med 1 Solutions, which determined that the Marion County Small Claims Courts were not “judicial districts” as defined by 15 U.S.C.§ 1692i for purposes of the Fair Debt Collection Practices Act (“FDCPA”). In reaching this decision, […]
Slovin & Associates is pleased to announce attorney Christopher Arlinghaus is now admitted to practice law in the state courts of Indiana. Chris is looking forward to assisting individuals and companies in the area of creditor’s rights and civil litigation in Indiana, as well as continuing to practice in Ohio […]
In March of 2014 the US District Court of for the Eastern District of Kentucky discussed the application of the Fair Debt Collection Practices Act (“FDCPA”) to bankruptcy proof of claim filings. Plaintiff, Mallard, filed an adversarial proceeding with the bankruptcy court alleging that Defendant’s failure to redact numerical medical […]
The Indiana Court of Appeals has held that an out-of-state debt collector with no physical place of business in Indiana is not required to obtain a license from the Indiana Department of Financial Institutions (“DFI”) to collect debts within the state. In Wertz v. Asset Acceptance, LLC, Nathan Wertz (“Wertz”) […]
In an environment where successfully obtaining judgment against debtors who have defaulted on their obligations requires a sworn affidavit attesting to the amount and nature of the debt, the language that the affidavit contains can be critical. The U.S. District Court for the Eastern District of Tennessee recently broadened language […]
The Federal Carmack Amendment preempts all state law claims against common carriers for damaged interstate shipments according to the Ohio Court of Appeals in the Fourth Appellate District. Originally enacted in 1906 as an amendment to the Interstate Commerce Act of 1887, the Carmack Amendment is designed to provide a […]
The Eight District Court of Appeals in Ohio has dismissed the claims of a consumer filed under the Fair Credit Reporting Act (FCRA) for erroneous reporting stating that no private right of action exists. In the summer of 2011, Stephen Johnson discovered an item on his credit report relating to […]
The Indiana Court of Appeals overturned a superior court ruling finding that the doctrine of promissory estoppel is applicable to verification letters in factoring contracts and should control in the case of Sterling Commercial Credit – Michigan, LLC v. Hammert’s Iron Works, Inc. 998 N.E.2d 752 (Ind. Ct. App. 2013). […]
In late November 2013, the US District Court for the Eastern District of Kentucky found that the waiver of prejudgment contractual interest by the original creditor did not necessarily, by itself, waive the right of a debt buyer to collect prejudgment statutory interest and therefore a request for prejudgment statutory interest did […]
The Court of Appeals of Ohio recently upheld a Defiance County Common Pleas decision and found that the lower court had correctly interpreted the relevant state statute and applied the facts of the case accordingly. The International Brotherhood of Electrical Workers Local Union No. 8 (the “Union”) had sued the […]
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 has adopted the Uniform Fraudulent Transfer Act, which prevents debtors from transferring assets to defraud creditors. ORC § 1336. The Ohio Court of Appeals recently detailed the broad equitable powers that the courts possess to rectify fraudulent transfers of property used to hide assets from creditors in their decision […]
As we discussed in February of this year, a District Court in Kentucky granted defendant, DH Capital Management’s (“DHC”), motion to dismiss a FDCPA action filed by Dionte Tyler in which the court found that the case failed on the grounds of res judicata and lack of standing due to […]
The Third Court of Appeals in Ohio recently found, in Semco, Inc. v. Sims Bros., Inc., that a corporation is prevented from bringing claims under Ohio’s Consumer Sales Practices Act (CSPA) and affirmed an award of $26,130 in attorney’s fees against Semco for bringing such a claim in bad faith. […]
It’s back to school time again and Randy Slovin is preparing for his 3rd year as an adjunct professor at the University of Cincinnati College of Law. He is again teaching the course for the fall 2013 semester titled “Debtor-Creditor Law”. Some of the topics included in the course are […]
The matter of Orchard Villa v. Irene Suchomma came before the Court of Appeals, Sixth Appellant District, in Lucas County Ohio on July 19, 2013. The trial court found Ms. Suchomma to be liable for her deceased husband’s medical expenses. In June, 2009, Joseph Suchomma signed a contract with appellee […]
The Fair Debt Collections Practices Act requires that when a debt collector reports a debt to a consumer reporting agency, they must also report whether the debt is disputed. This requirement leaves open the question of what happens if a debt becomes disputed after the debt collector has already reported […]
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 […]
Several of the actions prohibited by the Fair Dept Collection Practices Act (FDCPA) use vague language that is not defined by the Act. Recently, debtors have attempted to use the language as an enforcement mechanism for procedural violations of unrelated statutes to collect statutory damages and attorney’s fees otherwise not […]
In response to the increasing influence of health insurance corporations and medical providers, the Ohio legislature attempted to set forth circumstances under which a hospital or other provider could collect on medical debt, and from whom. On July 8, 2013, in Annette Hayberg v. Robinson Memorial Hospital Foundation, the Ohio […]
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 […]
Last month, the United States District Court for the Northern District of Ohio made a ruling on a complaint brought forth by Karen Miller against Prompt Recovery Services, Inc under the Fair Debt Collection Practices Act (FDCPA) for alleged violations including harassing phone calls, making false threats, and communication with […]
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 […]
The rise in litigation over technical violations of the Fair Debt Collection Practices Act (FDCPA) has created a need for those covered by the statute to carefully construct all communications with debtors to avoid statutory penalties. Of particular concern are areas where the FDCPA is unclear and the courts have […]
Last month, the Ohio Court of Appeals handed down a decision involving the disposition of collateral in SAC Fin., Inc. v. Deaton, 2013-Ohio-2126. SAC Finance brought a claim against Tamara and Melvin Deaton in Darke County Municipal Court for money owed on a retail installment contract and security agreement for […]
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 […]
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 […]
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 […]
The matter of Mark Suesz v. Med-1 Solutions, LLC, came before the United States District Court, S.D. Indiana, Indianapolis Division on March 21, 2013 whereby the court concluded that the Indiana judicial structure provides that the Circuit Courts are considered “judicial districts” for purposes of the required venue provisions in […]
On March 21, 2013, the United States District Court for Minnesota issued an order denying class certification in the case of Wenig v. Messerli & Kramer, PA because the class was too narrow and apparently defined as such to circumvent the limits on damage awards in class actions under the […]
Chapter 1317 of the Ohio Revised Code deals specifically with retail installment sales. This statute defines retail installment sales as a contract to sell goods where the cash price may be paid in installments over time. The statute further states that lease-purchase agreements and layaway arrangements do not qualify as […]
On March 7, 2013, the Ohio Court of Appeals for the Eighth Appellate District in the case of Delores Favors v. William Burke, et al., reversed the decision of the trial court and found it proper to award noneconomic damages and attorney fees under the Ohio Consumer Sales Practices Act. […]
On March 7, 2013, the United States District Court for the Middle District of Tennessee, in the case of Boyd v. General Revenue Corporation, et al, found that the Defendants did not violate the FDCPA when they placed phone calls and sent letters after receiving a validation request from Plaintiff […]
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 […]
On February 14, 2013, the Indiana Court of Appeals in American Acceptance Co., LLC v. Melissa Willis found that an order of garnishment was within the trial court’s discretion and the court had the ability to order or deny the garnishment based upon that discretion. In 2008 American Acceptance received […]
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 […]
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 […]
Democratic Oregon Senator Jeff Merkley reintroduced the Medical Debt Responsibilities Act as Senate Bill 160 in January of this year. This bill was previously introduced last year, but died in the Senate Banking Committee. Senator Merkley is joined by Senators Dick Durbin (D-IL), Chuck Schumer (D-NY), Tom Harkin (D-IA), Sherrod […]
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 […]
Court Lacks Jurisdiction if Service is Not Perfected Within One Year On December 14, 2012, the Ohio Seventh District Court of Appeals found that a judgment entered by the trial court was void because service was not perfected within one year of the filing of the complaint and the trial […]
Customer Service or Settlement Agreement? In December of 2012, the Indiana Court of Appeals made an important decision regarding settlement agreements. The appeals court reversed the decision made by the small claims division of the Allen Superior Court in the case of Vance v. Francisco Lozano, et al., finding that […]
On December 7, 2012, the Ohio Sixth District Court of Appeals sustained the judgment of the trial court in the case of Tillimon v. Wheeler, et al., finding that a bank was not in contempt of court for withholding funds which it deemed to be exempt from garnishment. Duane Tillmon, the Appellant, […]
In December 2012, the Ninth District Court of Appeals reversed and remanded the judgment of the Lorain County Court of Common Pleas in the case of Koch v. Keystone Point Health and Rehabilitation, et al., finding that an arbitration agreement signed by an unauthorized person is not binding. In May, […]
Slovin & Associates is pleased to announce that Randy Slovin and Brad Council have been included in the Thomson Reuters 2013 Ohio Super Lawyers list. Randy was named a 2013 Ohio Super Lawyer and Brad was named a 2013 Rising Star. Super Lawyers is a rating service of outstanding lawyers […]
The CFPB issued a “snapshot” of the consumer complaints that it has received from July 2011 to September 2012. The snapshot includes complaints received regarding credit cards, mortgages, bank accounts, and private student loans. Of the almost 20,000 credit card complaints received, the median relief given to the consumer to […]
Pay Me When? A look at “pay-when-paid” and “pay-if-paid” construction contracts in Ohio through EMH&T v. Triad Architects, 196Ohio App.3d 784, 2011-Ohio-4979 The Tenth Appellate District for the State of Ohio recently entered a decision in the case of Evans, Mechwart, Hambleton & Tilton, Inc., v. Triad Architects, Ltd., […]
Randy Slovin is preparing for his 2nd year as an adjunct professor at the University of Cincinnati College of Law. He is again teaching the course for the fall 2012 semester titled “Debtor-Creditor Law”. Some of the topics included in the course are fraudulent conveyances, common law claims of debtors […]
Amendments to the Ohio Rules of Civil Procedure The Supreme Court has recently adopted changes to the Ohio Rules of Civil Procedure which went into effect on July 1, 2012. This includes changes to the rules governing methods of service of process, methods of services to litigants during litigation, and […]
No Private Right of Action for Medical Information Disclosure, OhioHealth Corp. v. Ryan, 2012-Ohio-60. On January 10, 2012, the Tenth District Court of Appeals for the State of Ohio upheld the decision of the trial court granting summary judgment for OhioHealth (plaintiff-appellee) on the claim upon account, and a OhioHealth’s […]
On June 27, 2012 Senator Al Franken (D-Minn.) re-introduced the “End Debt Collection Abuse Act” (S. 3350) in hopes of creating a piece of legislation that will ultimately help consumers avoid the distasteful tactics of some debt collection companies and to provide more information to consumers regarding how to get […]
On June 8, 2012, The Ohio First District Court of Appeals affirmed the trial court’s decision that Twin City had breached the contract between the parties and agreed with the court’s awarded attorney fees. The awarding of late fees, however, was reversed since it was not part of the contract […]
On June 11, 2012, Ohio’s 12th District Appellate Court affirmed a decision by the Clermont County Court of Common Pleas to not award treble damages in an action brought under the Ohio Consumer Sales Practices Act (CSPA). In the case of Nelson v. Pieratt, 2012-Ohio-2568, the Nelson’s entered into a […]
A recent opinion out of the Ohio First District Court of Appeals affirms a trial court’s order determining funds held in an attorney’s IOLTA account may be garnished by a creditor. In Hadassah v. Schwartz, 2011-Ohio-5247, appellant Robert L. Schwartz argued that Hadassah, in bad faith, demanded that he place […]
Major Milestones for Two Exceptional Employees Slovin & Associates is pleased to announce that two employees, Amy and Becky, celebrated major milestones this month with our law firm. Amy, our collection manager, has worked with our firm and its predecessors for 25 years, and Becky, our post-judgment supervisor, for 20 […]
The Eastern District of Kentucky has held that attempting to garnish an out of state employer or bank account is not a violation of the FDCPA as an attempt or threat to take action that cannot be taken. Wilson v. Asset Acceptance, LLC, Action No. 5:12-cv-66-JMH
The Ohio Supreme Court has extended the rules governing the pilot program for the commercial docket. Hopefully this will lead to the establishment of a permanent program for courts operating specialized dockets to resolve business-to-business disputes. Temporary commercial dockets rules extended
Randy just returned from the 2012 Spring Collection Conference, hosted by the National Association of Retail Collection Attorneys, in San Diego. The National Association of Retail Collection Attorneys is a trade association dedicated to serving law firms engaged in the business of consumer debt collection. NARCA’s mission is to preserve […]
Randy Slovin was proud to once again present material on Landlord Tenant Law and current legal trends effecting landlords at yesterday’s Towne University, a seminar conducted by Towne Properties for apartment managers and other residential landlords. Towne Properties manages and owns part of a portfolio that consists of almost 12,000 […]
The Article “Google Me” by Brad A. Council of Slovin & Associates was featured in the February edition of the Hamilton County Law Library Newsletter. The article gives practical advice to young attorneys on how to boost their online profile and internet presence. “Google Me” – HCLL News, February 2012
