Noteworthy Cases

Jury Trial Verdict of $472,000 for Financial Exploitation Under Maryland’s SAFE Act

In December 2023, the firm represented an 87-year-old woman suffering from dementia who was financially exploited by her previous power of attorney. Under Maryland’s Statute Against Financial Exploitation (SAFE Act), Md. Code, Estates and Trusts, § 13-601, et seq., claims were brought against the defendant to recover money that was improperly spent and transferred over the course of four years. After a two-day trial, a Charles County, Maryland jury returned a verdict in favor of our client for compensatory damages of over $222,000. The jury also found for an additional monetary award under the SAFE Act of $150,000 and punitive damages …Read More

Baylor v. Rubenstein & Associates

(United States Court of Appeals for the District of Columbia Circuit 2017) – Confirming lower court ruling that debt collection activities of law firm is not a “trade practice” under the District of Columbia Consumer Practices and Procedures Act; remanding attorney fee award for District Court’s failure to conduct a de novo review of a Magistrate Judge’s Recommendation of $41,000.00 in attorney fees on FDCPA claim; concurring opinion observed that a grossly excessive fee petition for $221,000.00 in an FDCPA claim settled by offer of judgment was “steep overbilling (that) ought to come at a steep price”, suggesting that an …Read More

Jimenez v. Trident Asset Management

(United States District Court for the Middle District of Florida 2017) – Holding that credit furnisher’s alleged misstatement of the first date of delinquency on credit account was not a material misrepresentation to support a claim under the Fair & Debt Collection Practices Act.

Covert v. LVNV

(United States Court of Appeals for the Fourth Circuit 2015) – a confirmed Chapter 13 bankruptcy plan operates as res judicata and bars a subsequent suit alleging that a creditor filed an invalid proof of claim in the bankruptcy.

Elyazidi v. SunTrust Bank

(United States Court of Appeals for the Fourth Circuit 2015) – rejecting FDCPA suit alleging that debt collection attorney falsely represented claim for attorney fees where request included estimate of time needed to collect judgment; the inclusion of a consumer’s Social Security number on a billing statement filed with the Court is not an unfair or unconscionable collection practice where the lapse occurred in the course of litigation and was easily remedied.

Solis v. Global Acceptance Credit Company

(United States Eleventh Circuit Court of Appeals 2015) – Affirming lower court dismissal of consumer protection suit on grounds of issue preclusion.

Frazier v. RJM Acquisitions, LLC

(United States District Court for the District of Maryland 2015)- debt buyer who has good faith reason to believe that debt is owed has a permissible purpose in obtaining consumer’s credit report notwithstanding consumer’s denial of existence of debt.

Penn v. NRA Group

(United States District Court for the District of Maryland 2014) –patient who provided cell phone number to healthcare provider is deemed to consent to automated dialer calls to cell number by healthcare provider’s debt collector.

Grant-Fletcher v. Collecto, Inc.

(United States District Court for the District of Maryland 2014) –allowing third party collector to enforce arbitration clause and class action waiver included in contract between consumer and cell phone provider.

West v. Ford Motor Credit Co.

(United States District Court for the Eastern District of Pennsylvania, 2013) – Maryland judgment creditor can pursue writ of garnishment against consumer who moved to Pennsylvania and is employed in that jurisdiction notwithstanding Pennsylvania’s statute prohibiting wage garnishments.

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