Puglisi v. Debt Recovery Solutions, LLC
United States District Court for the Eastern District of New York
822 F. Supp. 2d 218 (2011)
- Written by Steven Pacht, JD
Facts
Michael Puglisi (plaintiff) owed money, which Debt Recovery Solutions, LLC (Recovery) (defendant) sought to collect. Puglisi agreed to make two payments to Recovery via preauthorized electronic withdrawals from Puglisi’s checking account to fully settle his debt. Puglisi subsequently sued Recovery, alleging, among other things, that Recovery violated the Electronic Fund Transfer Act’s disclosure requirements by not providing Puglisi with advanced written notice for the two withdrawals. Recovery moved for summary judgment, arguing that the act’s disclosure requirements applied only to preauthorized electronic funds transfers (EFTs), which the act defined as EFTs that were authorized in advance to recur at substantially regular intervals. Per Recovery, Puglisi authorized only two EFTs that would fully settle his debt and thus did not authorize transfers that would recur at substantially regular intervals.
Rule of Law
Issue
Holding and Reasoning (Bianco, J.)
What to do next…
Here's why 832,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
