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February 16, 2024 | The Legal Intelligencer

CFPB Details Student Loan Servicers' Struggles in Wake of Borrowers Resuming Payments

The CFPB report highlights three prevailing issues student loan servicers are having in the wake of borrowers resuming their payments: extended call hold times, income-driven repayment application processing delays, and inaccurate billing and disclosure statements.
7 minute read
Reyes v. Summit Health Mgmt. LLC
Publication Date: 2024-02-16
Practice Area: Civil Procedure
Industry:
Court: U.S. District Court for the Southern District of New York, U.S. - SDNY
Judge: District Judge Vernon S. Broderick
Attorneys:
For plaintiff: Counsel for Representative Plaintiff and the Proposed Class: Janet Walsh, Francesca Iacovangelo, Locks Law Firm PLLC, New York, New York.
For defendant: Seth Richard Lesser, Jeffrey A. Klafter, Klafter Lesser LLP, Rye Brook, New York. Counsel for Defendants: Andrew Bennett Kratenstein, Kierstin S. Fowler, McDermott Will & Emery LLP, New York, New York.
Case number: 22-CV-9916

Court Grants Preliminary Approval of Class Action Settlement with CityMD Over Billing

Jones v. Navient
Publication Date: 2023-10-09
Practice Area: Whistleblower Laws
Industry: Financial Services and Banking
Court: Delaware Superior Court
Judge: Judge Lugg
Attorneys:
For plaintiff: Keith R. Jones, plaintiff pro se.
For defendant: John M. Nolan III, Morgan D. Hollander, Jackson Lewis, P.C., Philadelphia, PA; Margaret M. DiBianca, Clark Hill PLC, Wilmington, DE for defendant.
Case number: N21C-10-020 SPL

Finding that plaintiff's minimal participation in pursuing the case "evidenced a pattern of dilatoriness" culminating in his failure to produce evidence in support of his claim, the court granted defendant's motion to dismiss for failure to prosecute despite noting that the court had a "strong policy in favor of deciding cases on the merits."

Bernstein v. Cengage Learning Inc.
Publication Date: 2023-10-03
Practice Area: Civil Procedure | Contractual Disputes
Industry:
Court: U.S. District Court for the Southern District of New York, U.S. - SDNY
Judge: District Judge Andrew L. Carter Jr.
Attorneys:
For plaintiff:
For defendant:
Case number: 19-CV-07541

Class Certification, Counsel Approved; Class Suit Is Superior Method of Adjudication

Perrong v. Bradford
Publication Date: 2023-10-02
Practice Area: Telecommunications
Industry: State and Local Government | Technology Media and Telecom
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Wolson
Attorneys:
For plaintiff:
For defendant:
Case number: 2:23-cv-00510-JDW

Communication company moved to dismiss plaintiff's Telephone Consumer Protection Act action over call he received from member of Pennsylvania house of representatives inviting him to a forum and court found plaintiff could not pursue a claim about the use of an automatic telephone dialing system since representative provided a list of numbers and the call did not qualify as a telemarketing call. Motion granted.

Moses v. The New York Times Co.
Publication Date: 2023-08-22
Practice Area: Class Actions
Industry:
Court: U.S. Court of Appeals for the Second Circuit
Judge: Circuit Judge Gerald E. Lynch
Attorneys:
For plaintiff: For Plaintiff-Appellee: Neal J. Deckant, on the brief, Frederick J. Klorczyk III, Bursor & Fisher, P.A., New York, NY & Walnut Creek, CA.
For defendant: For Defendant-Appellee: Natalie J. Spears, Sandra D. Hauser, on the brief, Kristen C. Rodriguez, Dentons US LLP, Chicago, IL & New York, NY. For Objector-Appellant: Eric Alan Isaacson, Law Office of Eric Alan Isaacson, La Jolla, CA.
Case number: 21-2556-cv

Court Incorrectly Finds Access Codes Are Not Coupons Subject to Class Action Fairness Act

Yuille v. Uphold HQ Inc.
Publication Date: 2023-08-21
Practice Area: Consumer Protection
Industry:
Court: U.S. District Court for the Southern District of New York, U.S. - SDNY
Judge: District Judge Lewis J. Liman
Attorneys:
For plaintiff:
For defendant:
Case number: 22-cv-7453

Plaintiff Fails to Plead His Crypto Exchange Account Was an 'Account' Under the EFTA

Botello v. Navient Solutions, LLC
Publication Date: 2023-06-28
Practice Area: Creditors' and Debtors' Rights
Industry:
Court: U.S. District Court for New Jersey
Judge: District Judge Vazquez
Attorneys:
For plaintiff:
For defendant:
Case number: 22-5601

Defendant moved for reconsideration of the court's order.

Minner v. Navient Corp.
Publication Date: 2023-06-07
Practice Area: Creditors' and Debtors' Rights
Industry:
Court: U.S. District Court for the Western District of New York, U.S. - WDNY
Judge: District Judge William M. Skretny
Attorneys:
For plaintiff:
For defendant:
Case number: 18-CV-1086

Loan Debt Information Was Accurate When Given; Contract Not Breached, FCRA Not Violated

Carr v. Johnson & Johnson Consumer Inc.
Publication Date: 2023-05-23
Practice Area: Consumer Protection | Products Liability
Industry: Consumer Products
Court: U.S. District Court for the Eastern District of New York, U.S. - EDNY
Judge: District Judge Eric Komitee
Attorneys:
For plaintiff:
For defendant:
Case number: 21-CV-6557

Class Claims Not Struck; Nature, Extent of Individualized Issues Cannot Yet Be Determined

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