General Matters

TCPA Theories: Developing Trend in Consumer Litigation Law

March 2, 2015
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In 1991, the Federal Communications Commission (“FCC”) implemented the Telephone Consumer Protection Act (“TCPA”).  Generally, the TCPA prohibits unwanted solicitation calls made by automatic telephone dialing systems or by using artificial (or prerecorded) voices, unless the consumer gives “prior express consent.”  Contrary to many misconceptions, calls that fall under the ambit of the TCPA do […]

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Preferential Transfer or Not, It is Still Better to Have Money in Hand!

April 8, 2014
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If you are a secured creditor and a borrower files for bankruptcy, you may be subject to a preference action, especially if your claim is under-secured. A preferential claim occurs when a creditor is paid money, receives goods or otherwise receives more than it should have during the 90 days prior to the bankruptcy petition […]

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New Jersey Court Panel on Lookout for Frivolous Filings by Sovereign Citizens

January 16, 2014
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A growing number of frivolous lawsuits filed by “sovereign citizens” – individuals and members of anti-government fringe groups – has spurred the Administrative Office of the Courts of New Jersey to form a watchdog panel as a deterrent to these actions that are designed to clog the New Jersey court system. According to a recent […]

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