No. 21-124

Emmanuel Torres v. Bay Area Credit Services, et al.

Lower Court: Second Circuit
Docketed: 2021-07-29
Status: Denied
Type: Paid
Tags: civil-rights consumer-protection debt-collection due-process fair-debt-collection federal-jurisdiction federal-statute new-york-business-law private-right-of-action statutory-interpretation
Key Terms:
Environmental SocialSecurity Securities Immigration Trademark
Latest Conference: 2021-10-08
Question Presented (AI Summary)

Does a consumer have a private right of action under New York General Business Law Section 349 for a Fair Debt Collection Practices Act Violation?

Question Presented (from Petition)

No question identified. : oe _ QUESTION PRESNETED re _ Does a consumer have a private right of action under New York General : . Business Law Section 349 for a Fair Debt Collection Practices Act Violation... ne . OPINIONS BELOW The decision of the United States District of Columbia Southern District of New York is an unpublished decision issued on December 23, 2019, by the Honorable Paul Engeimayer 19-cv-9557. The case was timely appealed to the United States Court of Aopeals for the Second Circuit Jan 22, 2020, the appeal was docketed 20297. The Circuit Panel dismissed the Appeal in an unpublished decision dated January 25, 2021. A timely petition for rehearing and rehearing en bank was filed February &, 2021. Petitioner was advised by the Clerk of the Court he could not file : for rehearing en bank, until he first filed a petition for reconsideration. Petitioner filed the petition for reconsideration on March 3, 2021. The Circuit Panel Parker, Lohier and Menashi denied the petition for reconsideration March 26, 221 and issued its mandate April 2, 2021, this petition follows. PARTIES TO THE ACTION . Aaron R Easley Concepcion Montoya Emmanuel Torres Sessions Israel & Shartle LLC Hinshaw & Culbertson 120 Alcott Pl 28E 3 Cross Creek Drive 800 Third Avenue 13 Floor Bronx NY 10472 ’ Flemington NJ 08822 New York NY 10022 . CONSTITUTUIONAL, STATUTORY, REGULATORY PROVISIONS INVOLVED Federal Statutes 15 U.S.C. 1692 15 U.S.C. 1692e(2)(A) : ; 15 U.S.C. 1692e (10) 15 U.S.C. 1692f) (1)

Docket Entries

2021-10-12
Petition DENIED.
2021-09-15
DISTRIBUTED for Conference of 10/8/2021.
2021-07-08
Petition for a writ of certiorari filed. (Response due August 30, 2021)

Attorneys

Emmanuel Torres
Emmanuel Torres — Petitioner
Emmanuel Torres — Petitioner