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PA Credit Card Law

We know credit card law. Some would say that we wrote the book on it.

Handling credit card lawsuits is a big part of our practice. Whenever a collection agency or a credit card company files a collection lawsuit, there are certain parameters that they have to meet to move the case forward. Our firm has helped to establish these parameters in Pennsylvania in several different respects.

Worldwide Asset is the number one credit card case in Pittsburgh and Allegheny County. (Our founding partner, Clay Morrow, was the attorney of record on the combined Worldwide case). That case, which was authored by the Honorable R. Stanton Wettick, sets forth the particulars that collection agencies and credit card companies have to follow when filing collection lawsuits in Allegheny County.

In a nutshell, the Worldwide case establishes that the Plaintiff (the company who is suing you) has to provide enough evidence to prove the entirety of its claim against you at the initial pleading stage. This ruling is the center of our defense on most cases. If the collection agency fails to meet the standards set forth in Worldwide, their case against you is thrown out of court.

We have made a concerted effort to have all of the counties in PA follow the Worldwide ruling and we have been successful in most every case.  In fact, we have even had 3 other counties issue written opinions exactly supporting the Worldwide standards. The first case is Atlantic Credit v. Wylie in Dauphin County. In Wylie, the court issued a written opinion setting forth that the Plaintiff was required to attach a signed contract, a cardmember agreement, all of the monthly statements to the account and a copy of the assignment (the contract that shows that the debt buyer collection agency actually bought the defaulted account).

Just recently, the court in Schuylkill County issued a written opinion on another of our cases (LVNV v. Johns) mandating the exact same criteria for the collection agencies to follow. Our goal, of course, is to convince every single county in Pennsylvania to follow the guidelines established by Worldwide.

We were fortunate enough to have another county, Crawford County, follow this line of thinking in LVNV v. Savoia. LVNV was unable to meet even the minimum criteria and the lawsuit was dismissed.

On a related note, we also recently received a favorable opinion in another area of credit card law.  In Arrow v. Hairston, an Allegheny County case, the court issued a written opinion discussing the confusing language that Arrow had placed in its "Important Notice".  An Important Notice, or a 10-Day Notice, is the notice that the debt collector must send after the initial 20 day period to respond to the Complaint has expired.  We noticed that Arrow had included additional and confusing language in the notice, contrary to law, and we had the default judgment that had been entered stricken from the record.

If you are facing a credit card or collection agency lawsuit, please contact our office right away for a free, no obligation consultation.

 

Clay Morrow, Esq.

Clay handles the claims that are filed against debt collectors who make illegal threats or who place improper marks on your credit report.  Clay typically can make the debt collector pay your legal fees.

Greg Artim, Esq.

Greg defends consumers who have been sued by junk debt buyers, collection agencies or credit card companies. The odds of success in these cases are tilted strongly towards the consumer.

PA Credit Card Blog

Visit our PA Credit Card Blog for a collection of articles and posts about Pennsylvania credit card laws and some of the credit issues that we have faced.
 
 
About Our Firm

At Morrow and Artim, P.C. our focus is on Pennsylvania Consumer Law, whether its defending against collection agency lawsuits, suing debt collectors, handling unfair trade practice claims or assisting with identity theft matters.

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Morrow & Artim, P.C.
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