Eric M. Berman, P.C., et al. v. City of New York, et al., No. 13-598 (2d Cir. 2014)Annotate this Case
Plaintiffs, law firms that seek to collect debts, obtained a judgment from the district court declaring that New York City's Local Law 15, which regulates debt collection agencies, was void as applied to plaintiffs. Because this case raises unresolved and significant issues concerning the scope of New York State's regulatory authority over attorneys, the court certified the following two questions: (1) Does Local Law 15, insofar as it regulates attorney conduct, constitute an unlawful encroachment on the State’s authority to regulate attorneys, and is there a conflict between Local Law 15 and Sections 53 and 90 of the New York Judiciary Law? and (2) If Local Law 15’s regulation of attorney conduct is not preempted,
does Local Law 15, as applied to attorneys, violate Section 2203(c) of the New York City Charter?
The court issued a subsequent related opinion or order on August 5, 2015.