On May 14, 2018, the United States Supreme Court held that people who borrow rental cars from friends are afforded the same protections against unlawful searches as the authorized driver. In the matter of Terrence Byrd v. United States, 2018 WL 2186175, the Supreme Court justices unanimously held “ the mere fact that a driver … Continue reading U.S. Supreme Court Finds That An Unauthorized Driver In Lawful Possession of Rental Car Has A Right To Privacy
Recently, the United States Court of Appeals for the Third Circuit, rendered an opinion in the class action, Michelle Tatis vs. Allied Interstate, LLC: John Does 1-25, No. 16-4022, clarifying whether time-barred offers from creditors to settle old obligations violated the Fair Debt Collection Practice Act (“FDCPA”). On appeal, the 3rd Circuit reversed a decision … Continue reading The 3rd Circuit holds debtors may sue creditors who offer to settle time-barred debt under the FDCPA.
Despite some serious concerns caused by Attorney General Jeff Sessions’ decision to abandon the Cole Memo guidelines for how the Department of Justice would treat state medical and recreational marijuana programs, the legal state programs are continuing to move forward. There is simple too much demand, interest, and money involved in the marijuana industry to … Continue reading Doctors and dispensaries may not advertise participation in PA’s medical marijuana program but they can educate the public.
Back in June of this year, the Pennsylvania Department of Health granted 12 medical marijuana grower/processor permits to the following companies: Prime Wellness of Pennsylvania (Berks County) Franklin Labs (Berks) Pennsylvania Medical Solutions (Lackawanna) Standard Farms (Luzerne) Ilera Healthcare (Fulton) AES Compassionate Care (Franklin) Terrapin Investment Fund 1 (Clinton) GTI Pennsylvania (Montour) AGRiMED Industries of … Continue reading One company is trying to make a profit before Pennsylvania’s medical marijuana program commences.
As students return for the fall semester in many Pennsylvania universities and colleges, there are traditional welcome back parties. On campus, campus police regulates parties but off campus parties are less controlled and typically louder and wilder events. After several weekends of rowdy wild off campus parties which disturbed neighbors, led to underage drinking, fighting, … Continue reading PA College towns are enforcing rental ordinances targeting student disruptive conduct.
Under Pennsylvania's Landlord and Tenant Act of 1951, 68 P.S. '250.101, et. Seq., a landlord may require a security deposit to be held for tenant caused damages and possible past due rent. See 68 P.S. §250.511 and §250.512. A security deposit is not the same as rent. It is money that actually belongs to the … Continue reading A Pennsylvania tenant’s right to recover a security deposit.
In previous blogs, I have discussed the protections provided consumers under the Federal Fair Debt Collection Practices Act (“FDCPA”). The FDCPA is a powerful deterrence to unscrupulous debt collectors and unlawful debt collection practices. The FDCPA is a comprehensive and reticulated statutory scheme, involving clear definitions, precise requirements, and particularized remedies. The validity of the … Continue reading Pennsylvania consumers protections under the Fair Credit Extension Uniformity Act
The average consumer does not realize that the delinquent debt industry is a trillion dollar a year business. Everybody has borrowed money to buy a house, buy a car, for school loans or over charged credit cards. A large number of these loans will end up in default. These troubled loans have a market. There … Continue reading HAVE YOU BEEN SUED BY A COMPANY YOU NEVER HEARD OF FOR MONEY YOU BORROWED FROM SOMEONE ELSE?
In a previous blog, I was asked to write a blog on the recent May 15, 2017 United States Supreme Court decision in Midland Funding, LLC v. Johnson, docket no. 16-348. In a 5-3 vote the Supreme Court reversed a decision by the United States Court of Appeals for the Eleventh Circuit holding that the … Continue reading The Supreme Court’s decision in Midland Funding, LLC v. Johnson places too much reliance on Bankruptcy Trustees.
If you have defaulted on your credit card obligations or other debts, you have likely been subjected to calls and letters and from debt collectors, attorneys, and/or creditors threatening legal action if you don’t pay. What many may not realize is that as a debtor you are afforded protection from unfair debt collection practices under … Continue reading Protection Consumers Have Under Federal and State Law From Creditors and Debt Collectors.