Chase Bank USA, NA v. Cardello – Case Brief Summary (New York)

In Chase Bank USA, NA v. Cardello, 27 Misc 3d 791, 896 N.Y.S.2d 856 (Civil Ct, Richmond Co. 2010). Judge Straniere concluded that bulk assignments by Chase to debt collectors violated every tenet of due process.

He found that due process mandated that the assignor, and not the assignee notify the debtor of the assignment, since the credit card holder had his agreement with the credit card issuer, "and not with the unknown third party debt purchaser."

Judge Straniere elaborated that to allow an assignee third party debt purchaser to give notice "would enable dishonest debt collectors to search the court records, obtain the names of judgment debtors and send the debtor a letter stating that they had purchased the debt "from a credit card issuer and that the debtor had to pay up or face court action.

This practice would merely increase fraud and deceptive and misleading practices which were precisely why the federal Fair Debt Collections Practices Act ("FDCPA") was enacted.

New York Agreement Case Brief Debt Debtor Due Process Fraud Judge Judgment Notice Third Party

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