Author Archives: Jay Butchko
CFPB Files Amicus Brief In FDCPA Case
The Consumer Financial Protection Bureau (CFPB) recently filed two amicus briefs. The first amicus brief was filed in a First Circuit case involving the Fair Debt Collection Practices Act (FDCPA). The second brief was filed jointly with the Federal Trade Commission (FTC) in a Fourth Circuit case involving the Fair Credit Reporting Act (FCRA)…. Read More »
What Damages Can I Sue For In A Breach Of Contract Lawsuit?
Breach of contract lawsuits occur frequently between business partners, businesses and other businesses, and businesses and individuals. When a contract is breached, the breaching party may be liable for damages related to the breach. To prove a valid breach of contract claim, you need to establish the following elements: You and the breaching party… Read More »
Supreme Court Rules That Developer Is Entitled To Prejudgment Interest From Port Authority
The Supreme Court of Ohio recently ruled that a Cincinnati-area port authority is subject to a state law that directs a party who breached a contract to pay an additional sum for delaying payment while the matter is disputed in court. In a 5-2 decision, the Supreme Court of Ohio ruled that the Port… Read More »
Is Bankruptcy The Best Option For Keeping Your Home During Foreclosure?
Bankruptcy lawyers will, of course, tout bankruptcy as an option for fighting foreclosure. It is certainly not the only option, and should only be used as a last resort. That’s because a Chapter 7 bankruptcy will stay on your credit report for the next 10 years. Chapter 13 will stay on your credit report… Read More »
Breach Of Fiduciary Duty Lawyer In Columbus, OH
A fiduciary is someone who acts in the best interests of another person. Under Ohio law, a fiduciary relationship is established when someone has knowingly been placed in a position of trust or confidence for the benefit of one or more other parties. When a fiduciary accepts a fiduciary relationship between themselves and another… Read More »
What Is Zombie Debt And Do I Have To Pay It?
Debt has a statute of limitations. Essentially, every state has its own statute of limitations when it comes to debts. In Ohio, the statute of limitations for most kinds of debt is 6 years. Once that 6 years has elapsed, a creditor can no longer initiate a lawsuit against you. The debt becomes time-barred… Read More »
ASCAP Files Lawsuit Against Columbus Music Venue King Of Clubs Alleging Copyright Infringement
The American Society of Composers, Authors, and Publishers (ASCAP) has filed a lawsuit in the Southern District of Ohio against Universal Entertainment LLC and its owner. According to the lawsuit, the Columbus venue is facing legal action over its use of the musical hits “Pony”, “Jump Around” and “All the Small Things.” According to… Read More »
LifeWise Academy Files Copyright Infringement Lawsuit Against Concerned Parent
A nonprofit provider of Christian instruction to public schools has filed a copyright infringement lawsuit against a concerned Ohio parent claiming that he improperly uploaded and shared proprietary instructional materials with families. The suit was filed on July 2nd against a parent who strongly believes that public schools should be free of religious indoctrination,… Read More »
Attorney General Sues Florida Debt Collector Alleging Abusive Practices In Ohio
Ohio Attorney General Dave Yost has filed a lawsuit against a Florida debt collector who employed harassing and abusive tactics in an attempt to recover debts from Ohio residents. The lawsuit was filed in October in the Franklin County Common Pleas Court. It targeted an Orlando-based debt collector who operated under names such as… Read More »
Ohio Hospital System Settles Class Action Lawsuit Alleging Violations Of The Fair Debt Collection Practices Act (FDCPA)
Bon Secours Mercy Health and Avectus Healthcare Solutions have both agreed to pay $2.5 million to end a class action lawsuit filed in 2015. According to the lawsuit, plaintiffs accused both the Ohio hospital system and the healthcare consulting company of violating the Ohio Consumer Sales Practice Act and the Fair Debt Collection Practices… Read More »