Blog


Concrete Harm Needed in FDCPA

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, […]


Why I Recommend Slovin & Associates

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 […]


The U.S. Student Loan Crisis

For generations, many Americans have viewed a college education as an essential step toward achieving success. A degree provides higher education and the credentials necessary to be considered for gainful employment. However, achieving a college degree has always come with its challenges. Besides requiring an academic record high enough to […]


Slovin & Associates Names Brad Council New Partner

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, […]


FDCPA Cease and Desist

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 […]


Ohio Super Lawyers

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 […]


FDCPA May Not Apply to Debt Buyers

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 […]


Trump’s Financial Regulations Executive Order and the Future of the CFPB

On February 3rd, President Trump signed an executive order, marking the President’s first official step towards his plan to scale back on financial regulations.  Presidential Executive Order on Core Principles for Regulating the United States Financial System, signed 3 Feb 2017.  The order directs the Secretary of the Treasury and […]


Insurers Are Exempt From Ohio Consumer Statute

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 […]


Limitation of Liability Does Not Violate Consumer Sales Practices Act

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 […]


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 […]


OCC Issues Guidance for Debt Sales

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 […]


Update: Suesz v. Med 1 Solutions, Reversed

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, […]


Attorney Chris Arlinghaus Now Licensed in Indiana

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 […]


FDCPA Not Applicable to Proof of Claim Filings

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 […]


Waiver of Contractual Interest Does Not Necessarily Waive Right to Statutory Interest

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 […]


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 […]


Ohio Super Lawyers

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 […]


CFBP Issues “Snapshot” of Consumer Complaints Recieved

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

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., […]


Back to School – Randy Teaching Again at UC Law

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 […]


No Private Right of Action for Medical Information Disclosure, OhioHealth Corp. v. Ryan, 2012-Ohio-60.

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 […]


Major Milestones for Two Exceptional Employees 2

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 […]


Randy returns from 2012 Spring Collection Conference

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 […]


Landlord Tenant Law Presentation

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 […]


Google Me

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