Arias v. Gutman, Mintz, Baker & Sonnenfeldt | Win for Consumers: Second Circuit Reverses Debt Collection Suit

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Arias v. Gutman, Mintz, Baker & Sonnenfeldt | Win for Consumers: Second Circuit Reverses Debt Collection Suit

Arias v. Gutman, Mintz, Baker & Sonnenfeldt | Win for Consumers: Second Circuit Reverses Debt Collection Suit

LAW-

Attorneys for the plaintiffs in a debt collection suit lauded a decision Monday by the U.S. Court of Appeals for the Second Circuit, calling it a major victory for low-income people facing aggressive and potentially illegal collection practices.

In Arias v. Gutman, Mintz, Baker & Sonnenfeldt, 16?2165?cv, the panel of Circuit Judges Guido Calabresi and Raymond Lohier Jr., along with U.S. District Judge Katherine Forrest of the Southern District of New York, sitting by designation, vacated the motion for judgment on the pleadings by U.S. District Judge George Daniels for the Southern District of New York in a suit against Gutman, Mintz, Baker & Sonnenfeldt for violations of the Fair Debt Collection Practices Act. The panel remanded the case for further proceedings.

 According to plaintiff Franklin Arias’ co-counsel on appeal, National Center for Law and Economic Justice staff attorney Claudia Wilner, the order is a watershed decision by the appellate court in addressing unfair actions under the FDCPA.

“We’ve never had a court ruling that looks at these practices before,” Wilner said. “To have a court say so clearly that the representations are deceptive, that the conduct is unfair, really is just so important.”

[LAW]

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