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  • Posts by Andrew Sayles
    Partner

    Andrew Sayles provides counsel in all phases of civil claims, as well as internal investigations, risk assessment/avoidance and regulatory compliance, across a broad range of matters. His experience encompasses: general ...

New Jersey Residential Foreclosure Rates Among Highest in Nation

A foreclosure market report for the first quarter of 2022 shows that New Jersey ranked second in the nation for the number of foreclosures per housing unit (1 in every 792), behind only Illinois (1 in every 791). The report, compiled by ATTOM Data Solutions, showed that one in every 1,795 housing ...

Eleventh Circuit Court of Appeals Drastically Impacts Traditional Debt Collection Practice Model in FDCPA Ruling

The Eleventh Circuit Court of Appeals recently held in Hunstein v. Preferred Collection & Mgmt. Servs., 994 F.3d 1341 (11th Cir. 2021), that a defendant debt collector violated the Fair Debt Collection Act (FDCPA) by communicating information about an underlying debt to vendors or third ...

Supreme Court Finds CFPB Leadership Structure Unconstitutional

On June 29, 2020, the Supreme Court of the United States issued its holding in Seila Law LLC v. Consumer Financial Protection Bureau.  

Following the financial crisis in 2008, Congress created the Consumer Financial Protection Bureau (“CFPB”) as part of the Dodd-Frank Act. At the time, it ...

New Jersey Grants Protection to Health Care Providers Concerning COVID-19 Treatment

The COVID-19 pandemic has had a drastic impact on medical care providers and facilities as they try to contain the spread and treat the virus.  Among the difficulties presented was the limited number of trained personnel and staff available to treat the general public. In an effort to ...

Second Circuit Adopts Broad Definition of Auto Dialer Under the TCPA

On April 7, 2020, the Second Circuit issued its ruling in Duran v. La Boom Disco, Inc., a matter addressing what constitutes an automatic telephone dialing system (ATDS) under the Telephone Consumer Protection Act (TCPA). This ruling was the third Circuit Court holding in 2020 to address this ...

UPDATE: COVID-19 Pandemic to Impact New Jersey Foreclosures and Evictions
UPDATE:  In addition to the eviction and foreclosure moratorium executive order, major lending institutions have agreed to implement a 90-day grace period that will allow borrowers to reduce or delay their monthly mortgage payments.  This includes providing a streamlined process for ...

On December 10, 2019, the United States Supreme Court issued its ruling in Rotkiske v. Klemm, an appeal from the Third Circuit concerning the statute of limitations for claims under the Fair Debt Collection Practices Act (FDCPA). The Supreme Court reviewed and affirmed the Third Circuit’s ...

A Split New Jersey Appellate Division Permits Class Certification in Drink Price Suit Against Restaurant Franchise

On July 11, 2019, the New Jersey Appellate Division, in a split decision, found that the trial court improperly denied class certification for a consumer’s claims arising under the New Jersey Truth in Consumer Contract and Warranty Notice Act (TCCWNA) and the Consumer Fraud Act (CFA). In ...

SCOTUS to Review Third Circuit Ruling Concerning Tolling of FDCPA Claims

On February 25, 2019, the Supreme Court of the United States granted certiorari in Rotkiske v. Klemm, Case No. 16-1668. The plaintiff there, Kevin Rotkiske, filed suit in June 2015, arguing that the defendant debt collectors violated the Fair Debt Collection Practices Act (FDCPA) in ...

Third Circuit Rejects Application of Discovery Rule for FDCPA Claims    

On May 15, 2018, the Third Circuit Court of Appeals issued its decision in Rotkiske v. Klem, Case No. 16-1668, concerning the statute of limitations under the Fair Debt Collection Practices Act (FDCPA).  There, the court, following en banc review, found that the FDCPA’s one year statute of ...

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