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United States Second Circuit


Boyd v. J.E. Robert Co., 12-4422-cv

In this putative class action brought against defendants for alleged violations of the Fair Debt Collection Practices Act (FDCPA) and New York law by obtaining unauthorized attorneys' fees and costs in connection with actions to foreclose liens on plaintiffs' properties, summary judgment in favor of defendants is affirmed, where: 1) liens for mandatory water and sewer charges imposed by New York City as an incident to property ownership are not "debt" under the FDCPA because the relationship between plaintiffs and the City with respect to such charges is akin to taxpayer and taxing authority, not a transactional one as anticipated by the statute; and 2) the district court properly declined to exercise supplemental jurisdiction over the remaining state law claims.

Appellate Information

  • Decided 08/27/2014
  • Published 08/27/2014

Judges

  • Cabranes, Straub, Livingston

Court

  • United States Second Circuit

Counsel

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