Wednesday, August 14, 2013

Unfair And Deceptive Practices

The New York Appellate Division for the First Judicial Department accepted the resignation  of an attorney in the wake of other proceedings:

Respondent co-founded and operated Credit Collections Defense Network (CCDN), an entity which purportedly offered debt relief services and legal assistance to consumers in connection with credit card debt and collection matters. By decision dated March 25, 2011, respondent was found by the US District Court for the Northern District of Illinois, Eastern Division, to have made false and deceptive statements in violation of the federal Credit Repair Organizations Act (15 USC § 1679b), and the Illinois Credit Service Organizations Act (815 ILCS 605/5). By decision dated March 7, 2011, CCDN was found to have repeatedly violated West Virginia's Consumer Credit and Protection Act (W Va Code § 46A-1-101 et seq.) by, inter alia, engaging in unfair and deceptive practices by failing to disclose material information about their services and misleading consumers into entering into contracts. Respondent was also found to have engaged in the unauthorized practice of law in West Virginia.

The court declined to consider the collateral estoppel effect of the Illinois and West Virginia  proceedings in light of the resignation. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2013/08/the-new-york-appellate-division-for-the-first-judicial-department-accepted-the-resignation-of-an-attorney-in-the-wake-of-othe.html

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