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Date: 12-13-2023

Case Style:

Joseph Gately v. American Asset Recovery Specialists, LLC, et al.

Case Number: 1:22-cv-10553

Judge: Myong J. Joun

Court: United States District Court for the District of Massachusetts (Suffolk County)

Plaintiff's Attorney:



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Defendant's Attorney: Dale H. Henley and Dion Nicholas Theodore

Description: Boston, Massachusetts consumer credit lawyer represented the Plaintiff who sued the Defendants on Fair Debt Collection Act violation theories.

15 U.S.C. 1692, et seq. provides:

(a) Abusive practices

There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy.
(b) Inadequacy of laws

Existing laws and procedures for redressing these injuries are inadequate to protect consumers.
(c) Available non-abusive collection methods

Means other than misrepresentation or other abusive debt collection practices are available for the effective collection of debts.
(d) Interstate commerce

Abusive debt collection practices are carried on to a substantial extent in interstate commerce and through means and instrumentalities of such commerce. Even where abusive debt collection practices are purely intrastate in character, they nevertheless directly affect interstate commerce.
(e) Purposes

It is the purpose of this subchapter to eliminate abusive debt collection practices by debt collectors, to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged, and to promote consistent State action to protect consumers against debt collection abuses.

Outcome: 12/13/2023 43 NOTICE of Settlement as to remaining Defendant, American Asset Recovery Specialists, LLC by Joseph Gately (Zelman, Yitzchak) (Entered: 12/13/2023)
12/13/2023 44 Judge Myong J. Joun: ORDER entered. SETTLEMENT ORDER OF DISMISSAL (Dore, Samantha) (Entered: 12/13/2023)
12/13/2023 45 ELECTRONIC NOTICE Canceling Hearing. Final Pretrial Conference set for 12/14/2023 and Jury Trial set for 12/18/2023 are canceled. (Dore, Samantha) (Entered: 12/13/2023)

Plaintiff's Experts:

Defendant's Experts:

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