Archive for November 11th, 2013

November 11, 2013

Calabrese Files Amicus Brief with State Court of Appeals

Professor Gina Calabrese recently co-authored an amicus brief for the New York Court of Appeals, on behalf of the Consumer Justice for the Elderly: Litigation Clinic and ten other advocacy groups.  The brief addressed questions certified by the Second Circuit Court of Appeals in two related appeals,  Cruz v. TD Bank, and Martinez v. Capital One Bank.  The cases center on the banks’ implementation of New York’s Exempt Income Protection Act (“EIPA”).   EIPA prevents garnishment of bank accounts that contain income exempt from judgment enforcement, particularly when directly deposited from identifiable sources such as Social Security.   The amicus brief argues that  an accountholder has a private right of action against a bank for violating EIPA and can obtain damages and injunctive relief.  The Clinic and many of the advocacy groups that appeared as amici, were involved in the effort to win passage of EIP.   As amicus counsel, Professor Calabrese was joined by lawyers from AARP’s national office and New York City’s New Economy Project.

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November 11, 2013

Sovern Quoted on Technology and the Fair Debt Collection Practices Act

Professor Jeff Sovern was quoted in an article on Law360, CFPB Aims To Fill Gaps With Coming Debt Collection Rules [link at http://www.law360.com/articles/486713/cfpb-aims-to-fill-gaps-with-coming-debt-collection-rules]. After noting that the existing federal statute, the Fair Debt Collection Practices Act, antedated the creation of text messages, email and social media, the article notes:

The statute does not take any of these modes of communication into account, and that has led to confusion about how it applies to them — as well as confusion’s sometime byproduct, litigation, said St. John’s University School of Law professor Jeff Sovern.

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