Archive for May, 2009

FTC “Red Flag” rules may apply to YOU….

Gary Nitzkin May 11th, 2009 Comments Off on FTC “Red Flag” rules may apply to YOU….

Since January 1, 2008, the Federal Trade Commission Red Flag Rules has required businesses to establish policies and procedures for identifying identity theft. These rules require 4 things: 1. That business have reasonable policies and procedures in place to identify the red flags of i.d. theft; 2. the business must have a program designed that […]

A respite for lawyers…the FDCPA does NOT require plain English in pleadings

Gary Nitzkin May 11th, 2009 Comments Off on A respite for lawyers…the FDCPA does NOT require plain English in pleadings

I just read the Sixth Circuit’s opinion in Miller v Javitch, Block & Rathbone, 561 F.3d 588 (2009). This case holds good news for debt collection lawyers. In that case, Miller contends that JBR violated the Fair Debt Collection Practices Act by using false, deceptive, and misleading language in a debt-collection complaint. The state court […]