In April 2017, the Consumer Financial Protection Bureau (CFPB) filed a
lawsuit against Weltman, Weinberg and Reis regarding their pre-litigation debt collection practices. The suit alleges
that Weltman, Weinberg and Reis Co. misled some consumers to believe that
an attorney was involved in the collection of their debt, when in actuality
there was no meaningful attorney review conducted by their law firm.
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Motion for Judgment on the Pleadings
In response to the lawsuit, the
Weltman, Weinberg and Reis law firm filed a motion for
Judgment on the Pleadings in an attempt to curtail further proceedings in the suit. These types
of motions are designed to protect defendants against baseless legal claims,
and are most often exercised when the entirety of the facts of a case
are listed in the pleadings. In filing this motion, Weltman Weinberg and
Reis were requesting that the court enter judgment in their favor without
considering further evidence.(1) Had the motion been successfully granted
by the judge, the case could have ended without further deliberation with
a disposition in favor of Weltman, Weinberg and Reis.
In early October Federal Judge Ronald C. Nugent
denied the motion for judgment on the pleadings, claiming that the
CFPB had adequately stated its case and that proceedings on the lawsuit could continue. In making this decision,
Nugent determined that the CFPB had met the standards for bringing suit
outlined by the Federal Debt Collection Protections Act and the 2010 Consumer
Financial Protection Act. Nugent also dismissed Weltman’s claims
that the suit was beyond its statute of limitations, instead suggesting
that such an argument would be more relevant at the time of summary judgment.(2)
While the denial of the motion for judgment on the pleadings is a victory
for the Consumer Financial Protection Bureau and all those affected consumers,
the action itself is far from over. In a statement made to ACA international,
Weltman, Weinberg and Reis maintained that the lawsuit from the CFPB was
without merit and that they fully intended to continue their defense.(2)
Going forward, it will be the burden of the CFPB to prove that Weltman
materially deceived consumers in its collection practices.
This regulatory lawsuit against Weltman, Weinberg and Reis (WWR) perfectly
exemplifies the importance of protecting consumer rights. While the presence
of governmental bodies helps to curb abusive debt collection practices,
there remain many instances of consumers having their rights violated.
Consumer Protection Attorneys (NY & NJ)
At the Law Office of Simon Goldenberg, PLLC, we understand the tremendous
stress a borrower can feel when facing debt collectors that use unlawful
tactics. Federal law prohibits the use of false, misleading, or deceptive
tactics when collecting on a consumer debt. Although regulatory actions
can help protect consumers, hiring a private attorney can be beneficial
in many situations. If you've been subjected to
debt collection harassment or other violative conduct, contact our office for a free case evaluation.
Our FDCPA lawyers offer representation on full contingency, meaning there is
$0 upfront fee for our assistance. We only get paid if we're successful in obtaining
a recovery. If you reside in New York or New Jersey and think you may
be a victim of debt collection violations, contact our law firm to learn
if we can represent you in briging a lawsuit against your debt collectors
seeking compensation for damages.
Call the Law Office of Simon Goldenberg PLLC to speak to our
FDCPA Lawyers today! -
U.S. Legal “Motion for Judgment on the Pleadings Law and Legal definition,https://definitions.uslegal.com/m/motion-for-judgment-on-the-pleadings/”
Weinberger, Evan “CFPB Suit Can Proceed Against Debt Collecting Law
DISCLAIMER: Not legal advice, for informational purposes only. Not responsible
for typographical errors. Our law firm does not have any involvement or
affiliation with the regulatory actions or lawsuits mentioned in this
article, nor are we affiliated with the CFPB or any other official agency.
We are a private law firm offering legal services in New York and New
Jersey. Contact us to learn how we can assist.