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VINCENT v. THE MONEY STORE

Docket No. 11-4525-cv.

736 F.3d 88 (2013)

Lori Jo VINCENT, Ruth Ann Gutierrez, Linda U. Garrido, John Garrido, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, Joseph Mazzei, Plaintiff, v. THE MONEY STORE, TMS Mortgage, Incorporated, HomeEq Servicing Corporation, Moss, Codilis, Stawiarski, Morris, Schneider & Prior, LLP, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: November 13, 2013.

Attorney(s) appearing for the Case

Paul S. Grobman (Neal DeYoung, Sharma & DeYoung LLP, on the brief), New York, N.Y., for Plaintiffs-Appellants.

Daniel A. Pollack ( Edward T. McDermott , W. Hans Kobelt , on the brief), McCarter & English, LLP, New York, N.Y., for Defendants-Appellees The Money Store, TMS Mortgage, Inc., HomeEq Servicing Corp.

David J. Chizewer , Goldberg, Kohn, Bell, Black, Rosenbloom & Moritz, Ltd., Chicago, IL, for Defendant-Appellee Moss, Codilis, Stawiarski, Morris, Schneider & Prior, LLP.

Before: KATZMANN, Chief Judge, LIVINGSTON, and LOHIER, Circuit Judges.

KATZMANN, Chief Judge:

This case requires us to determine if the consumer protections of the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. § 1692 et seq., and the Truth in Lending Act ("TILA"), 15 U.S.C. § 1601 et seq., apply to a mortgage lender that has purchased mortgages initially payable to other lenders and, after the homeowners defaulted on their mortgages, hired a law firm to send allegedly deceptive debt collection letters...

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