Kakalec & Schlanger, LLP is pleased to announce that partner Dan Schlanger will be presenting a Lawline CLE webcast on July 27th at 9:30 a.m. The course description for the CLE, titled The Fair Debt Collection Practices Act: Bringing Suit Based on State Court Litigation and Judgment Enforcement Misconduct, is available here.
Update: Dan’s CLE on FDCPA litigation re: state court collection misconduct was well-received (95% recommendation rate). To purchase and view, click here.
Kakalec & Schlanger Obtains Reversal of Report & Recommendation Dismissing American Suzuki Financial Services From Consumer’s Truth In Lending Act Suit
Kakalec & Schlanger recently obtained reversal of a report and recommendation in a Truth In Lending Act suit brought in the Eastern District of New York on behalf of an elderly consumer who alleges that she was forced by an auto dealer to purchase numerous supplemental products as a condition of financing.
The decision, issued in Pierre v. Planet Automotive, Inc, docket #, 2016 U.S. Dist. LEXIS 80884 (E.D.N.Y. June 21, 2016), reversed multiple aspects of a magistrate judge’s report and recommendation, pursuant to which all of the consumer’s claims against the loan assignee, American Suzuki Financial Services, would have been dismissed. The District Court declined to adopt the magistrate’s report and the consumer retains her claims against the assignee under the Truth In Lending Act, New York’s false advertising statute (New York General Business Law Section 350) and for fraud. The consumer is represented by Kakalec & Schlanger, LLP partner Dan Schlanger.
U.S. Supreme Court Denies Certiorari in Madden v. Midland Funding, LLC: Consumer’s Victory Before Second Circuit Stands
The U.S. Supreme Court recently denied certiorari in Madden v. Midland Funding, LLC, in which Kakalec & Schlanger, LLP represents a putative class of approximately 50,000 consumers seeking to hold debt buyer Midland Funding, LLC liable for attempting to collect interest in excess of New York’s criminal usury rate of 25 percent.
The Second Circuit held in May 2015 that National Bank Act preemption does not apply to third party debt buyers in situations where there is no continuing national bank involvement post-assignment, reversing the District Court’s ruling on this issue. Following the Second Circuit’s opinion, Midland sought re-hearing, with several major banking and financial industry organizations filing amicus briefs in support. After rehearing was denied, Midland petitioned the Supreme Court to review the case, again with the support of numerous industry amici. The Supreme Court denied Midland’s petition without discussion.
Dan Schlanger, who heads Kakalec & Schlanger’s consumer practice, handled Plaintiff’s Second Circuit appeal. Before the Supreme Court, Plaintiff was represented by Dan Schlanger, Tejinder Singh of Goldstein & Russell, and Professor Sam Bagenstos of University of Michigan Law School. The case is currently pending before the District Court, with cross motions for class certification and summary judgment pending.
Getting paid with a 1099?
Sign an agreement that says you are an “independent contractor” in your workplace?
Even if you did both of these things, you may actually be an employee – and not an independent contractor – of the company that you work for. You may be one of many workers around the country who are “misclassified” as independent contractors when they are really employees.
Misclassification of workers is an on-going problem in the modern workplace. According to studies cited by the Economic Policy Institute, between 10 and 20 percent of employers misclassify at least one worker as an independent contractor.