Saint Paul, MN
Consumer protection Lawyer at Saint Paul, MN
Practice Areas: Consumer Protection, Antitrust & Trade Law
OUTCOME: Stay denied
When sued for violating the Telephone Consumer Protection Act, Synchrony Bank attempted to delay the case pending a D.C. Circuit Court appeal regarding the law. The Court agreed with Judy Murphy that t ... his appeal was not worth delaying justice, and denied Synchrony's motion.
OUTCOME: Sanctions denied
A debt collector aggressively pursued sanctions against a consumer for defending her rights under the Electronic Funds Transfer Act. The court dismissed the debt collector's aggressive actions as "unre ... asonable," "vexatious," "frivolous," and "absurd." The Court, ruling in the consumer's favor, concluded: "the question of what a lawyer has the *right* to do is not the same as the question of what a lawyer *should* do. This Court expects that members of its bar will treat each other civilly and make every effort to resolve disputes before inflicting costs on their own clients, their opponents, and the Court. Messerli's behavior fell well short of this expectation."
OUTCOME: Motion for Summary Judgment Granted; Defendant's Motions for Dismissal and Summary Judgment Denied
Messerli & Kramer sent Eger a judgment collection letter which improperly included post-judgment disbursements as part of the claimed judgment balance. Eger's claims for violation of the FDCPA granted ... in full.
OUTCOME: Motion to Dismiss Denied
The Defendant, a debt collection law firm, had been routinely freezing consumers' bank accounts for several months longer than legally allowed. The Court ruled that doing so violated the Fair Debt Coll ... ection Practices Act.
OUTCOME: Minnesota Supreme Court Win (9-0)
A bank foreclosed on a homeowner without obeying the necessary Minnesota foreclosure laws. We represented the homeowner in her challenge of the foreclosure. The case rose to the Minnesota Supreme Co ... urt, where the bank argued that it and other lenders do not need to follow every foreclosure law-- when foreclosing. The Court found unanimously in our client's favor, holding that lenders must follow every foreclosure law in order to obtain the benefits of a foreclosure. Ruiz v. 1st Fidelity is now one of the central cases used to challenge invalid foreclosures across the state.
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