Richard Rosenau received a debt collection letter from Unifund Corp saying it was from the Unifund Legal Department.  Rosenau learned the Legal Department consisted of six employees, four of whom are Legal Liasons who handle various daily clerical duties, one is a Project Coordinator and one is an Administrative Assistant.  The Legal Department is supervised [...]

Eastern District of Pennsylvania case, Rosenau vs. Unifund Corp, presents the issue whether a letter from a Legal Department that employs no lawyers is misleading.  The 3rd Circuit Court of Appeals concluded it could be and reversed a District Court decision to the contrary.
Richard Rosenau received a collection letter from Unifund that was signed “Unifund [...]

The Fair Debt Collection Practices Act, found at 15 U.S.C. 1692, addresses abusive debt collection practices.  It is a remedial statute passed by Congress in 1977 to prevent deception in the process.  Courts interpreting this law apply a standard of whether the communication would deceive or mislead the least sophisticated debtor.  This is an objectively [...]

This post looks inside Unifund Corporation or Unifund CCR Partners (Unifund).  The case of Rosenau v. Unifund is the subject of various blogs on the Fair Debt Collection Practices Act.  In reading this case I came upon a paragraph written by Third Circuit Court of Appeals Judge D. Michael Fisher that provides insight into how [...]

The Service Members Relief Act [SCRA] is designed to prevent a person in active service to this country from being sued while on duty.  Seasoned lawyers remember this law as the Soldier and Sailor’s Relief Act.  It has been amended and rewritten over time, and there are many more specific protections but the general gist [...]