Law Office of Jonathan Z. Kantor, P.A.

It’s not my Birthday.. Facebook lilies!! But thanks anyway for the warm wishes

New Colorado Law a Model for Stopping Predatory Rent-a-Bank Lending The Colorado bill, HB23-1229 sponsored by Reps. Mike Weissman and Javier Mabrey and Sen. Julie Gonzales, exercises the state’s right to opt out of DIDCMA.

Elderly postal worker fought Chase bank for years to recover stolen funds before his death It’s hard to say how many people are battling their bank over funds they say they’ve lost to fraud, but the data suggest the case of James Vesey isn’t unique.

Facebook keeps telling me I have not posted in a long time. So, Call me if you need legal services - Thanks to Facebook for reminding me.

https://www.miami-dadeclerk.com/library/Operation%20Green%20Light%202020%20flyer.pdf I still handle traffic matters- Jon Kantor

www.miami-dadeclerk.com

https://www.law.com/dailybusinessreview/2020/06/25/ruling-on-test-case-spells-out-fate-of-floridas-red-light-cameras/?kw=Ruling%20on%20Test%20Case%20Spells%20Out%20Fate%20of%20Florida%27s%20Red-Light%20Cameras&utm_source=email&utm_medium=enl&utm_campaign=litigationalert&utm_content=20200630&utm_term=dbr

Ruling on Test Case Spells Out Fate of Florida's Red-Light Cameras | Daily Business Review “This ruling affects any red-light camera program in the state of Florida,” said Edward G. Guedes, who represents the City of Aventura.

The firm still handles traffic matters.

Stuff like this goes unnoticed but stuff like this has an impact on all of us. https://www.federalregister.gov/documents/2019/12/06/2019-25689/federal-interest-rate-authority?eType=EmailBlastContent&eId=162c0ada-8ba2-440a-8486-0c5ba7b16450

Federal Interest Rate Authority The Federal Deposit Insurance Corporation (FDIC) is seeking comment on proposed regulations clarifying the law that governs the interest rates State-chartered banks and insured branches of foreign banks (collectively, State banks) may charge. The proposed regulations would provide that State...

good news https://www.vox.com/identities/2019/9/20/20872195/forced-mandatory-arbitration-bill-fair-act

The House just passed a bill that would give millions of workers the right to sue their boss The FAIR Act would ban forced arbitration. That’s a big deal.

https://www.facebook.com/109801887360/posts/10156583760542361/

https://www.nclc.org/media-center/ed-depart-proposes-new-borrower-defense-rules.html

Education Dept. Proposes New Rules that Would Make it Much Harder for Students Harmed by For-Profit Schools to Get Loan Relief FOR IMMEDIATE RELEASE: July 25, 2018National Consumer Law Center Contacts: Abby Shafroth ([email protected]) or Jan Kruse ([email protected]); (617) 542-8010Education Department Proposes New Rules that Would Make it Much Harder for Students Harmed by For-Profit Schools to Get Loan ReliefBoston - Toda...

https://www.huffpost.com/entry/wells-fargo-customer-fraud_n_5ccb2153e4b0d123955021ce?fbclid=IwAR1PCtE0OtKIw4BZDNI5E_O49Id9MLKkDrTenMYzLws8P0pPWZl35KSt2pk

www.ca2.uscourts.gov

arbitration clauses are
unenforceable and unconscionable. http://www.ca2.uscourts.gov/decisions/isysquery/8bae9334-a8df-446a-ae9b-e9690e889151/1/doc/16-2019_opn.pdf =http://www.ca2.uscourts.gov/decisions/isysquery/8bae9334-a8df-446a-ae9b-e9690e889151/1/hilite/

ca2.uscourts.gov

Marchisio v. Carrington Mortgage Services, L.L.C., ___ F.3d ___, 2019 WL 1320522 (11th Cir. Mar. 25, 2019), is a must read. The Eleventh Circuit finds as a matter of law at the summary judgment stage that a furnisher’s “data conformity review” of a disputed debt is unreasonable in violation of the Fair Credit Reporting Act (FCRA). The Eleventh Circuit also overturns the trial court, and rules that the violation can be willful if reckless, that punitive damages may be recovered under the same standard, and that emotional distress damages are also recoverable even where the distress began prior to the FCRA violatio

Robo-callers rang Americans’ phones 26 billion times last year. Now, Congress is taking aim.

https://www.washingtonpost.com/technology/2019/04/02/robo-callers-rang-americans-phones-billion-times-last-year-now-congress-is-taking-aim/?fbclid=IwAR0Z3KgmitfR7ym50oFMHE1ZAi7zDdnnj9b08320tpsjv7JcindtbmA3cWw&utm_term=.9fe10520025e

washingtonpost.com The ever-worsening scourge of robo-calls is receiving renewed attention on Capitol Hill, where top Democrats and Republicans this week are set to take an early step toward cracking down against scammers that prey on consumers' phones.

Wells Fargo hit with lawsuit over robocalls to wrong numbers

https://www.msn.com/en-us/money/companies/wells-fargo-hit-with-lawsuit-over-robocalls-to-wrong-numbers/ar-BBOWLlr?ocid=sf

msn.com By Dena Aubin

Dyck-O'Neal, Inc. v. Lanham

Score one for the Big Banks. I will keep on fighting for regular folks. I still have one open Dyck-O'Neal case. https://law.justia.com/cases/florida/supreme-court/2018/sc17-975.html

law.justia.com Fla. Stat. 702.06 permits an independent action at law for a deficiency judgment when the foreclosure court has expressly reserved jurisdiction to handle a deficiency claim but has not actually decided the merits of the claim.

CFPB Chief Urges Trump To Keep Arbitration Rule Alive - Law360

I realize this is not as titillating as an investigation into Russian meddling in US elections. Forced Arbitration is a major shift in power away for everyday people like you and me to corporate powers. As long as corporation behave fairly and honorably there is no need for the right to a public reckoning for misdeeds.

law360.com The Consumer Financial Protection Bureau's leader on Monday urged President Donald Trump to veto a congressional resolution to eliminate an arbitration rule that would give consumers the chance to file class actions against banks and other financial firms.

( copy of email I received)

Dear friends and colleagues,

Last month, your calls stopped the Senate from voting to strip us of our right to our day in court. We need YOUR IMMEDIATE HELP again! The Senate could vote this week, as early as Tuesday or Wednesday, to overturn the Consumer Financial Protection Bureau's rule restoring access to the courts when big banks and credit reporting companies break the law.

RIGHT NOW is the time to flood Senate offices with calls and emails urging our Senators to: Vote NO on Senate Joint Resolution 47, which would take away our day in court by blocking the Consumer Financial Protection Bureau's arbitration rule.

It is outrageous to strip us of our Seventh Amendment rights with the Equifax and Wells Fargo scandals illustrating the importance of holding wrongdoers accountable.

Call your Senator NOW through the Capitol Switchboard, (202) 224-3121, or find your Senators’ office numbers here.

Calls are especially needed to Senators in Maine, Alaska, Louisiana, Arizona, Ohio, and Iowa. TELL YOUR FRIENDS AND FAMILY IN THOSE STATES TO CALL!

The time to defend our Constitutional right to our day in court is NOW.

With Wells Fargo’s 3.5 million fake accounts and the Equifax data breach exposing Social Security numbers, birth dates and other sensitive personal information of 145 million Americans, we need to hold big corporations accountable, not to forfeit our Constitutional rights to our day in court. Don’t allow a forced arbitration clause to give companies like Equifax and Wells Fargo a “get-out-of-jail-free-card!”

Thanks for joining us in demanding that our Senators put American consumers first and deny Wall Street lobbyists’ efforts to overturn the CFPB’s rule to uphold our right to our day in court, and please ask your friends to also call.

Payday, Vehicle Title, and Certain High-Cost Installment Loans | Consumer Financial Protection Bureau

New rules effective July 2019- The new rules seem reasonable, fair and prudent. Violations will give rise to UFDTA cases. https://www.consumerfinance.gov/policy-compliance/rulemaking/final-rules/payday-vehicle-title-and-certain-high-cost-installment-loans/

consumerfinance.gov The Bureau of Consumer Financial Protection has issued this final rule to create consumer protections for payday loans, and for certain vehicle title and high-cost installment loans.

Atty Tells Jury Tribe Grew Wary Of Racer's Payday Loan Plan - Law360

Looks like DOJ takes on the easier cases. For me, the difficult cases are more interesting. https://www.law360.com/consumerprotection/articles/965041/atty-tells-jury-tribe-grew-wary-of-racer-s-payday-loan-plan?nl_pk=2b167186-da07-498a-b226-54da4214b9ff&utm_source=newsletter&utm_medium=email&utm_campaign=consumerprotection

law360.com An effort by racer Scott Tucker to involve California's Yurok tribe in a lending operation fizzled amid tribal concern it would have no role in the business except to “exist,” the Yuroks' former lawyer told a Manhattan jury Monday in the criminal fraud trial of Tucker and his att...

Pharmacy Seeks Final OK For Roche's $17M TCPA Deal - Law360

https://www.law360.com/consumerprotection/articles/956343/pharmacy-seeks-final-ok-for-roche-s-17m-tcpa-deal?nl_pk=2b167186-da07-498a-b226-54da4214b9ff&utm_source=newsletter&utm_medium=email&utm_campaign=consumerprotection

law360.com A family-owned pharmacy leading Telephone Consumer Protection Act litigation accusing medical testing supplier Roche Diagnostics Corp. of sending unwanted faxes asked an Indiana federal judge Monday to grant final approval to a $17 million deal that sets aside roughly $5.6 million for attorneys'...

Chase, Agency To Pay $4.3M To End Debt Collection Suit - Law360

https://www.law360.com/consumerprotection/articles/956540/chase-agency-to-pay-4-3m-to-end-debt-collection-suit-?nl_pk=2b167186-da07-498a-b226-54da4214b9ff&utm_source=newsletter&utm_medium=email&utm_campaign=consumerprotection

law360.com JPMorgan Chase Bank NA and a debt collection agency have agreed to pay $4.3 million to end a Fair Debt Collection Practices Act suit brought by borrowers alleging unlawful solicitation of mortgage payments, according to settlement documents filed in California federal court on Monday.

Eleventh Circuit Green Lights Red Light Camera Class Action
Katheryn Hayes Tucker, Daily Business Review
June 16, 2017 | 1 Comments
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Judge Edward Carnes of the U.S. Court of Appeals for the Eleventh Circuit, Atlanta
Judge Edward Carnes of the U.S. Court of Appeals for the Eleventh Circuit, Atlanta
Photo: Guerry Redmond
The U.S. Court of Appeals for the Eleventh Circuit has issued a ruling that opens the road for an Alabama class action lawsuit over traffic cameras that catch drivers running red lights.
The opinion addresses only which court will hear the case on a removal issue, but it shows what a litigation snarl cities can get into when they hire private companies to rev up their traffic ticket cash flow.
Similar lawsuits are moving through federal and state courts in Florida as ticketed motorists challenge the company-driven ticketing program.
"We're happy with it," plaintiffs attorney James Doyle Fuller of Fuller & Copeland in Montgomery, Alabama, said Thursday of the ruling. "I filed this lawsuit two years ago and haven't been able to take a single deposition because it's been locked up in procedural matters. At least now I can get on with my case."
Along with Susan Glasscock Copeland of Fuller & Copeland, Fuller represents Charles Hunter and Mike Henderson, the name plaintiffs in a class action against the city of Montgomery and American Traffic Solutions, or ATS. They alleged that a "civil violation" law specially enacted to facilitate Montgomery's red-light ticket program violates the Alabama Constitution.
In the Alabama case, plaintiffs also alleged the city and the traffic camera company "intentionally made yellow lights too short so that drivers would not have enough time to stop before the light turned red, leading to more violations and more revenue," as Chief Judge Ed Carnes put it.
Fuller said he has abandoned the yellow light argument for now because it's difficult to prove and he doesn't think he will need it. He expects to win on the first argument — violation of the state Constitution.
Montgomery and the company removed the case from state court to federal court. Judge Barbara Jacobs Rothstein of the Middle District of Alabama sent it back. The defendants appealed her remand. On Wednesday, the Eleventh Circuit affirmed Rothstein's ruling that the case belonged in its home court.
Carnes wrote for a panel that included Judge Robin Rosenbaum and Judge Patrick Higginbotham of the Fifth Circuit, sitting by designation. Carnes based the decision on determining the city is the primary defendant, not the company. That, Carnes reasoned, is because it's the city that would pay the potential millions of dollars in damages if the class members win.
Miami attorney Stephen Rosenthal, one of the lead plaintiffs counsel on the proposed federal class action in Florida involving 72 cities, towns and counties, said the Eleventh Circuit ruling should have no impact because jurisdiction wasn't an issue. A multidistrict case before U.S. District Judge Federico Moreno in Miami has been stayed while the Florida Supreme Court considers an Aventura case.
The Podhurst Orseck partner also noted the Florida plaintiffs are in a different position on ATS.
"We have, from the outset, sought monetary relief from ATS, which is a central defendant in our consolidated cases," Rosenthal said Friday.
In Alabama, the city is being defended by Robert Poundstone IV of Bradley Arant Boult Cummings in Montgomery. American Traffic Solutions is represented by Kim Boyle of Phelps Dunbar in New Orleans. They could not be immediately reached for comment.
Hunter and Henderson are asking the court to enjoin the city and the company from further use of the traffic cams. They are also asking that the city be required to pay back all the fines collected from the traffic cameras and to cover attorney fees.
"It's a very significant decision for people who do class actions," Fuller said. That's because Carnes provided the Eleventh Circuit's first definition of a primary plaintiff, based on who pays the potential bill.
"It is not difficult to apply this potential monetary loss standard in this case," Carnes said. "The only request for monetary relief in the amended complaint is for a refund of all traffic fines collected in connection with the red light camera program. That monetary relief is sought from the city alone, not from Traffic Solutions. Even if the city could and did seek indemnification or contribution from Traffic Solutions for any refunds it paid," the company's liability would be "vicarious" or "secondary," which is not enough to make it a "primary defendant."
Fuller estimated the fines could total $10 million.
"It's been a good revenue source for them," Fuller said. "That's what it's about. It's not about catching people running red lights. I know that. And I expect by the time I'm done, the court will know that, too.

Fla.-Based Insurer Pays $4.25M To End TCPA Suit

Law360, New York (May 31, 2017, 9:42 PM EDT) -- A Florida-based insurance company has agreed to pay $4.25 million to settle claims it violated the Telephone Consumer Protection Act by making unauthorized sales calls to consumers, including some on the federal Do Not Call registry.

The Ticket Clinic Accused of Selling Bogus Driving School Diplomas

In addition to other practice areas, We still handle Traffic Tickets with honor and integrity. http://www.browardpalmbeach.com/news/the-ticket-clinic-accused-of-selling-bogus-driving-school-diplomas-8387661

browardpalmbeach.com With a confident grin, Mark Gold strides into a Broward County courtroom and waltzes up to a podium. Dressed in a dark suit and silver striped tie, the five-foot-five attorney tells Chief Magistrate Brenda Di Ioia that his client, a man caught speeding in his mother's 1995 Saturn, will not...

BREAKING: T-Mobile To Pay $48M Over Misleading 'Unlimited' Data Plan

Law360, Washington (October 19, 2016, 10:43 AM EDT) -- T-Mobile USA Inc. has agreed to pay a $7.5 million fine, $35.5 million in consumer benefits and $5 million to help connect low-income students following a Federal Communications Commission investigation into whether the company sufficiently disclosed constraints on speed and data in its allegedly "unlimited" plans, the FCC said Wednesday.

The agency found that T-Mobile's policy slowed data speeds once customers on the plans with T-Mobile or MetroPCS hit a monthly threshold, despite advertisements indicating better and faster service, the FCC said in a statement. The issue falls under the commission's 2010 Open Internet transparency rule requiring that broadband providers give consumers adequate service information.

“Consumers should not have to guess whether so-called ‘unlimited’ data plans contain key restrictions, like speed constraints, data caps and other material limitations,” said FCC Enforcement Bureau Chief Travis LeBlanc. “When broadband providers are accurate, honest and upfront in their ads and disclosures, consumers aren’t surprised and they get what they’ve paid for. With today’s settlement, T-Mobile has stepped up to the plate to ensure that its customers have the full information they need to decide whether ‘unlimited’ data plans are right for them.”

Subscribers with the plans who are eligible will have the option for discounted accessories and more data, the FCC said. The investigation began after the agency received complaints from customers who found the plans misleading.

The FCC in June 2015 proposed a $100 million fine against AT&T Mobility on similar issues regarding misleading information in mobile data plans.

Clerk’s office forced to eliminate positions and close branches twice a month

A functioning judicial system is essential. Because of budget, the Clerk of Court office for Palm Beach County is in complete disarray. You can see the cut for yourself. http://clerkcomptrollerpalmbeachcounty.createsend1.com/t/ViewEmail/y/75A8C6107ED9CE65

clerkcomptrollerpalmbeachcounty.createsend1.com Florida Clerks have a significant budget deficit of $22.4 million for the current fiscal year ending September 30. Due to the budget shortfall, which the Florida Legislature failed to remedy, each Clerk’s budget statewide has been cut.

RICO Claims, Others Survive In Vt. Tribal Payday Lending Suit - Law360

https://www.law360.com/articles/798942/rico-claims-others-survive-in-vt-tribal-payday-lending-suit

law360.com A proposed class action against affiliates of Chippewa Cree payday lender Plain Green LLC has survived mostly intact after an effort by the company’s managers and business partners to dismiss the case or divert it to arbitration, with a Vermont federal judge taking a skeptical tone toward the…

Nyquist’s owner basks in glow of Kentucky Derby win

We are litigating against three companies this guy owns 100% of, for leading a loan scheme in which loans were made to our client and thousands of others at rates so high Florida law considers them "loan-sharking." Our client's loan was at more than 200% interest. http://www.newsday.com/sports/horseracing/nyquist-s-owner-j-paul-reddam-basks-in-glow-of-kentucky-derby-win-1.11775109

newsday.com LOUISVILLE, Ky. – Nyquist nibbled on wet grass outside his barn as dozens of cameras fired away. Trainer Doug O’Neill had taken an early flight