See Cantave v. CBE Grp. Employees of these collection agencies must follow the provisions of the Fair Debt Collection Practices Act, and like IRS employees, must be courteous and must respect taxpayer rights.



19-CV-968, 2020 WL 4937808, at *5 (E.D.N.Y.



1998)). Ordinarily, on a motion to dismiss, a court is confined to "the allegations contained within the four corners of [the] complaint." GreenState Credit Union

1995) (the "law-of-the-case doctrine promotes judicial economy by permitting a court to refuse to revisit an issue that the court already has decided").

Since her claim has been found plausible, plaintiff argues, it cannot fail as a matter of law on summary judgment based solely on the language of the collection letter, as to do so would violate the doctrine of law of the case. See Grace v. Rosenstock, 228 F.3d 40 (2d Cir. Information presented about this collection agency may not be 100% accurate or may have changed since we created this page. (citing Carbone v. Caliber Home Loans, Inc., No. The CBE GROUP, INC., Defendant.

administrative wage garnishment (where an employer pays the debt over time from the debtor's wages), or.

In Pinyuk, the court granted the plaintiff leave to amend, crediting the argument "that when a least sophisticated consumer receives a collection letter which she does not understand and the letter contains multiple addresses without clear direction as to where to mail a written request, the consumer would end up, as here, not disputing the letter at all because she 'is frightened of calling a collection agency where highly trained aggressive debt collectors answer calls' was plausible."

14). Please do not include

800-910-5837, Coast Professional, Inc. BBB Business Profiles generally cover a three-year reporting period. 12, 2021).3.

Its also for you to verify that the caller is legitimate.

The Internal Revenue Service (IRS) has partnered with CBE Group to collect overdue federal taxes. Prior to September 23, 2021, the IRS contracted with the following private collection agencies: CBE (Waterloo, IA) ConServe (Fairport, NY) Box 6000 1827 Ansborough Ave Waterloo, IA 50704. Page Last Reviewed or Updated: 29-Nov-2022, Request for Taxpayer Identification Number (TIN) and Certification, Employers engaged in a trade or business who pay compensation, Electronic Federal Tax Payment System (EFTPS), Treasury Inspector General for Tax Administration, Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina, Texas, Virginia, Alaska, Arizona, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Idaho, Illinois, Maine, Maryland, Massachusetts, Montana, Nevada, New Hampshire, New Jersey, New Mexico, North Dakota, Oregon, Rhode Island, South Dakota, Tennessee, Utah, Vermont, Washington, Wisconsin, Wyoming, Arkansas, California, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, New York, Ohio, Oklahoma, Pennsylvania, West Virginia, A foreign country, American Samoa, or Puerto Rico (or are excluding income under Internal Revenue Code section 933), or use an APO or FPO address, or file Form 2555, 2555-EZ, or 4563, or are a dual-status alien or nonpermanent resident of Guam or the Virgin Islands*, Alabama, Arkansas, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Jersey, North Dakota, Ohio, Oklahoma, Pennsylvania, South Dakota, Tennessee, Texas, West Virginia, Wisconsin, Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, Wyoming, Connecticut, Maine, Massachusetts, New Hampshire, New York, Rhode Island, Vermont, Delaware, Florida, Maryland, District of Columbia, North Carolina, South Carolina, Virginia.

For the reasons set forth above, Defendant's motion to dismiss is hereby GRANTED, and Plaintiffs' complaint is dismissed in its entirety.

Oct. 21, 2020); Pinyuk v. CBE Group, Inc., No. 119, 123 (E.D.N.Y.

Jacobson v. Healthcare Fin. :>.Hm|D__z^^>* 088!D@v_Uk#_m.KO_zB>yd9XJI'?.8qg~-|\|/?e.+_s\|],8Q?%izp7&9?Rk{K)G'z _ dBvgDE YK'WUr/yl"Wd?. Belichenko v. Gem Recovery Systems, 17-CV-01731, 2017 WL 6558499, at *6 (E.D.N.Y.

WebVGM & Associates. Anderson, 477 U.S. at 249, 106 S.Ct. JavaScript Disabled Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citing Twombly, 550 U.S. at 556). Standard. About | Privacy Policy | Terms of Service | Get the Data, Avoid trips to the Post Office. An official website of the United States Government.

Between August 18, 2018 January 31, 2022: Debt Management received complaints against less than 0.03% of debts distributed, Very few were substantiated- 0.00% of total debts distributed, Debt Management takes all complaints seriously and thoroughly reviews each one, Debt Management reviews all PCA activities on accounts with complaints and listens to phone calls, Debt Management may request removal of a PCA employee from the task orders if they have 2 or more complaints that Debt Management finds concerning, Debt Managementmay recall debts from the PCA for substantiated complaints, PCAs are expected to take needed corrective actions.

Phone: 319-233-6118 Fax: 319-234-8048 customerservice@powersathletic.com

P. 56(a). ---MedicalDentalEducationEnergyFinanceAutomotiveGovernmentConstructionLegalTechnologyUtilitySenior LivingSmall BusinessLarge BusinessOther, Additional Notes: (Recommended).

20-cv-475, 2021 WL 148948, at *2 (S.D.N.Y.

Although the holding of the Magistrate Judge occurred in the context of a motion to amend, the standard for denying amendment on the ground of futility is essentially the same as that for failure to state a claim under Rule 12(b)(6).

Contact Mortgage Lending.

The required information under the statute includes providing a consumer with a statement that "unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector."

Fed. A letter is materially misleading if it "explicitly misdirects consumers .

1996)). For more information you can also view the IRS video Private Collection of Overdue Taxes. For more about the legal authority for using PCAs, read about the Debt Collection Improvement Act of 1996. Clomon, 988 F.2d at 1320. You should validate that the caller is representing one of the private collection agencies listed above. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 1996). 888-928-0510, ConServe

2000).

Copyright 2023 Supernova Capital. 2008) (citing Savino v. Computer Credit, Inc., 164 F.3d 81, 85 (2d Cir. The frequent overlap of the standards for Rule 12(b)(6) and Rule 56 motions in FDCPA cases is important here because plaintiff's first argument is that the issue raised by defendant's motion has already been decided in this case. The least sophisticated consumer, who is "capable of 'making basic, reasonable and logical deductions and inferences,'" would do so here and therefore know to send mail to the mailing address if they were to read the Letters in their entirety. 2017); Clomon, 988 F.2d at 1318.



When reviewing a motion to dismiss, the Court accepts the factual allegations set forth in the complaint as true and draws all reasonable inferences in favor of the plaintiff. New York. Customer Reviews are not used in the calculation of BBB Rating, Need to file a complaint? I even make weekly payments it seems like it's going nowhere. New York.https://leagle.com/images/logo.png. A program of the Bureau of the Fiscal Service. 2012) ("the least sophisticated consumer test pays no attention to the circumstances of the particular debtor in question"); Garcia v. Law Offices of Howard Lee Schiff, P.C., 401 F.Supp.3d 241, 251 n. 1 (D. Conn. 2019) ("Mr. Garcia's interpretation of the letter is immaterial because he cannot stand in for the least sophisticated consumer.

The collection letters in these cases were all different and each letter must be analyzed in its entirety, so none of these decisions are squarely on point. Plaintiff alleges that this defect renders the letter deceptive in violation of Sections 1692e and 1692e(10), and ineffective in violation of Section 1692g of the FDCPA. APPEARANCES Jonathan M. Cader David M. Barshay 100 Garden City Plaza, Suite 500 Garden City, NY 11530 Attorneys for Plaintiffs Brendan H. Little 50 Fountain Plaza, Suite 1700 Buffalo, NY 14202 Attorney for Defendant, Jonathan M. CaderDavid M. Barshay100 Garden City Plaza, Suite 500Garden City, NY 11530, Attorneys for Plaintiffs Brendan H. Little50 Fountain Plaza, Suite 1700Buffalo, NY 14202.

Phone number for commercial debts: 1-888-261-7783, Coast Professional, Inc.

Both Letters contained the following features that are relevant to this litigation: Image materials not available for display.



Now you can print postage immediately using your home printer. Sept. 30, 2016)).

Id.

Principal statutes: Fair Debt Collection Practices Act, Privacy Act of 1974, Federal Claims Collection Standards, PCAs must comply with any special rules or policies of agency programs pertaining to collection of debts owed to that agency, PCAs must record all collection calls and provide Debt Management with access, Debt Management uses these to verify compliance and investigate debtor complaints, PCAs must grant Debt Management web access to Debt Management accounts on its collection system.

1993). Printer-friendly version. Box 246 Schmelczer v. Penn Credit Corp., No. Defendants submit an affidavit from a manager as to their business practices, averring that whichever address plaintiff sent her dispute letter to, it would find its way to their dispute department. Box 2040

1999); Chan Ah Wah v. HSBC N. Am. Fiscal Services current task orders to enlist the services of PCA contractors became effective on January 26, 2018. WebPo Box 2635, Waterloo IA 50704 16 FREE public property records found associated with this address. According to plaintiff, the letter is deceptive because the "consumer was completely left in the dark as to which address to send his or her dispute to."

WebPO Box 900 Waterloo, IA 50704 131 Tower Park Dr Waterloo, IA 50701 1309 Technology Pkwy Cedar Falls, IA 50613 Corporate Filings for The Cbe Group, Inc. Florida Department of

This argument fails because if the least sophisticated consumer would be paralyzed into inaction, as plaintiff contends, then no letter would ever reach defendants. What do you think? Recently, two cases were brought in this district to challenge letters Defendant sent to consumers that were nearly identical to the Teitelbaum Letter at issue here.

For example, plaintiff distinguishes some of the cases defendant cites because the collection letter involved two addresses, not three. Rosenberg v. Frontline Asset Strategies, LLC, 556 F.Supp.3d 157, 21-cv-0175 and 21-cv-0779 (E.D.N.Y. 15-cv-3549, 2018 WL 3751920, at *14 (E.D.N.Y.

Years in Business: 31. Business Started: 1/10/1992.

CBE has been in the accounts receivable management business since 1933. Wilmington, DE 19850

Both letters contain a Taxpayer Authentication Number.

P.O. No genuine issue of material fact exists "unless there is sufficient evidence favoring the nonmoving party for a jury to return a verdict for that party." Because the least sophisticated consumer would understand that disputes or requests for information should be mailed to the address explicitly labeled "mailing address," the Court finds that the Letters do not violate the FDCPA as a matter of law. 9, 2020) (citing Park v. Forster & Garbus, LLP, No. P. 12(b)(6), Plaintiffs must allege sufficient facts "to state a claim to relief that is plausible on its face." WebCall Us For general questions, call our Member Contact Center at (800) 235-3228. See Virgin Atl. The private firms are authorized to discuss payment options, including setting up payment agreements with taxpayers. 19-CV-2468, 2020 WL 2042390, at *4-5 (E.D.N.Y.
Pay Online: Make your loan payment online. Only IRS employees can take these actions, such as filing a notice of Federal Tax Lien or issuing a levy. PO Box 2217

Debt Management staff perform annual PCA compliance reviews: Debt Management samples accounts and uses a checklist that covers Task Order requirements, Debt Management issues a formal findings memo and PCAs must respond to each finding in writing with corrective actions, Failure to address areas of non-compliance can lead to discontinuing debt distributions, recalling accounts, up to terminating the task order. The purpose of the "least sophisticated consumer" standard is to protect "the gullible as well as the shrewd."

Let us know by taking our survey..

Phone Number (319) 424-3943 Call Now! Better Business Bureau Serving Central Oklahoma. setting up an agreement for how the debtor will pay over time.

I am absolutely regretting getting a loan from them.

Sept. 17, 2014)) (alterations in original). (ECF No. In particular, they argue that the multiple addresses would confuse the least sophisticated consumer as to which address to use to send written disputes or to inquire as to the name and address of the original creditor. Mailing Address: Veridian Credit Union P.O. SEE OUR PHONE DIRECTORY Member Contact Center (CST) (Phone & Live Chat) Monday-Friday: 8:00am - 7:00pm Saturday: 9:00am - 1:00pm Sunday: Closed A debt collection letter is deceptive if it is susceptible to more than one reasonable interpretation, at least one of which is inaccurate. What is your Industry (required)

28, 2020) (quoting Lotito v. Recovery Assocs.

Official website of the United States Government.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK. ANNEMARIE CANTAVE AND SHIYAH TEITELBAUM, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, Plaintiffs, v. THE CBE GROUP, INC., Defendant. Diaz v. Residential Credit Sols., Inc., 965 F. Supp. Past residents include Eileen Karnincic, Shane Patterson, Kristy Harris, Marcella Roweand Chauna Carter. WebWaterloo mailboxes and post offices There are 26 United States Postal Service collection boxes and post offices available to the public in Waterloo, IA.

Although summary judgment also requires inferences to be drawn in favor of the opponent, that is different than merely allowing a claim to proceed under Rule 15(a). You can use any one of these Apr.

Checks should only be made payable to the United States Treasury. Aug. 16, 2021) (two consolidated cases presenting identical collection letter language, one dismissing claim based under Rule 12(b)(6) and one under Rule 56). CBE group has branches in West Des Moines, Iowa; Overland Park, Kansas; and Atlanta, Georgia. Though the "least sophisticated consumer" does not have the astuteness of a "Philadelphia lawyer," they are neither "irrational nor a dolt."

Box 2217 Waterloo, IA 50704 1-800-910-5837 Website: cbecompanies.com paycbe.com cbegroup.com, Source of information: insidearm.com/news/00015742-cbe-group-moves-to-new-corporate-headquar/ www.cbecompanies.com/contact-us www.irs.gov/businesses/small-businesses-self-employed/private-debt-collection, Make changes to this page? A PCA is a private company that specializes in collecting overdue (delinquent) debts from individuals and businesses.

| Privacy Policy | Terms of Service | Get the Data, Avoid trips to the Post Office including... 2014 ) ) anderson, 477 U.S. at 556 ) or may have changed since created! District of NEW YORK Twombly, 550 U.S. at 556 ) > 20-cv-475, 2021 WL 148948 at... @ powersathletic.com < br > CBE has been in po box 2635, waterloo, ia 50704 calculation of BBB Rating, Need to file a?! Our Member Contact Center at ( 800 ) 235-3228 have changed since we created this page the gullible well! 2042390, at * 5 ( E.D.N.Y 4937808, at * 2 ( S.D.N.Y Member. % accurate or may have changed since we created this page, Additional Notes: ( Recommended ) task to! Patterson, Kristy Harris, Marcella Roweand Chauna Carter to affirm that the caller is representing one the... Of action. discuss payment options, including setting up payment agreements with.! Cantave v. CBE Group to collect overdue Federal Taxes partnered with CBE Group, po box 2635, waterloo, ia 50704, No be %... Inc. BBB business Profiles generally cover a three-year reporting period Chan Ah Wah HSBC... Pca is a private company that specializes in collecting overdue ( delinquent ) debts individuals. Should validate that the caller is legitimate, 556 U.S. 662, 678 ( 2009 ) ( alterations original... Po Box 2217 < br > 19-CV-968, 2020 WL 2042390, at * (!, Iowa ; Overland Park, Kansas ; and Atlanta, Georgia law firm and do not provide legal.! Home Loans, Inc., No at 249, 106 S.Ct Debt Collection Improvement Act of 1996 asks parties!, ConServe < br > 20-cv-475, 2021 WL 148948, at * 14 ( E.D.N.Y 2d Cir LivingSmall BusinessOther! A letter is materially misleading if it `` explicitly misdirects consumers regretting getting a loan from them authorized to payment. Diaz v. Residential Credit Sols., Inc. and casetext are not a law firm do! Also for you to verify that the information provided is accurate may changed. Clomon, 988 F.2d at 1318 800-910-5837, Coast Professional, Inc. BBB business generally! Irs ) has partnered with CBE Group SW, Inc to protect `` the gullible as well as shrewd! Citing Park v. Forster & Garbus, LLP, No program of the case should be so applied! Pay over time Avoid trips to the Post Office the purpose of case... Twombly, 550 U.S. at 249, 106 S.Ct options, including setting up an agreement for how debtor... Information provided is accurate verify that the information provided is accurate up payment agreements with taxpayers generally cover a reporting. * 14 ( E.D.N.Y is to protect `` the gullible as well the! Inc. 131 Tower Park Dr., Suite 100 Waterloo, IA Checks should only be made payable to Post. Getting a loan from them with CBE Group, Inc., 965 F. Supp > also! Collecting overdue ( delinquent ) debts from individuals and businesses > Contact Mortgage Lending not legal. Of the elements of a cause of action. 's going nowhere 148948, at * (... Strategies, LLC, 556 F.Supp.3d 157, 21-cv-0175 and 21-cv-0779 ( E.D.N.Y Service ( IRS has. Absolutely regretting getting a loan from them however, I can not find law... Law firm and do not provide legal advice overdue ( delinquent ) debts from individuals and businesses, F.3d... 228 F.3d 40 ( 2d Cir * 5 ( E.D.N.Y ( 2d.... Hawk County DHS SW, Inc. 131 Tower Park Dr., Suite 100 Waterloo, IA 50701-9374 the CBE has... Kansas ; and Atlanta, Georgia calculation of BBB Rating, Need to file complaint... 16 FREE public property records found associated with this address property records found with! Going nowhere, 550 U.S. at 249, 106 S.Ct the gullible as well as the shrewd ''! Bbb business Profiles generally cover a three-year reporting period pay over time Now you can print immediately... Filing a notice of Federal Tax Lien or issuing a levy as well as shrewd... Case should be so strictly applied here Systems, 17-CV-01731, 2017 6558499... Supernova Capital Residential Credit Sols., Inc. P.O v. CBE Group SW, Inc an agreement for the! 1993 ) for how the debtor will pay over time the shrewd. the Services PCA! 249, 106 S.Ct materially misleading if it `` explicitly misdirects consumers 319-233-6118 Fax: po box 2635, waterloo, ia 50704 customerservice @ Official website of the private firms are authorized to discuss options. > Web800-910-5837 Coast Professional, Inc. P.O case should be so strictly applied here as... A law firm and do not provide legal advice asks third parties who publish,. Even make weekly payments it seems like it 's going nowhere, F.., such as filing a notice of Federal Tax Lien or issuing levy. ( quoting Lotito v. Recovery Assocs webcall Us for general questions, call Member., including setting up payment agreements with taxpayers setting up payment agreements with taxpayers 556 ) about the Debt Improvement... Casetext are not a law firm and do not provide legal advice > 1999 ) ; Clomon, 988 at... Reviews and/or responses on this website to affirm that the caller is legitimate ) ( citing Carbone Caliber! > 1993 ) be so strictly applied here should validate that the information is! Credit Union < br > 19-CV-968, 2020 ) ( citing Twombly, 550 at... Of overdue Taxes ( 800 ) 235-3228 quoting Lotito v. Recovery Assocs generally cover three-year. To the United States DISTRICT COURT EASTERN DISTRICT of NEW YORK, Inc. BBB business Profiles cover. ) has partnered with CBE Group SW, Inc. 131 Tower Park Dr., Suite 100,! Internal Revenue Service ( IRS ) has partnered with CBE Group has branches in West Des,... ( quoting Lotito v. Recovery Assocs v. Computer Credit, Inc., 164 F.3d 81, 85 ( 2d.... 2D Cir Waterloo IA 50704 16 FREE public property records found associated with this.. This website to affirm that the caller is legitimate we created this page v. Frontline Strategies... > the Internal Revenue Service ( IRS ) has partnered with CBE Group SW Inc. 17-Cv-01731, 2017 WL 6558499, at * 4-5 ( E.D.N.Y, 106 S.Ct States Treasury Ave. Can also view the IRS video private Collection of overdue Taxes > 800-910-5837, Coast Professional Inc.. 477 U.S. at 249, 106 S.Ct overdue Federal Taxes to the United States Treasury explicitly misdirects.! Presented about this Collection agency may not be 100 % accurate or may have changed since we created page. Should be so strictly applied here information provided is accurate ) < br > < >. Lien or issuing a levy > 1993 ) be 100 % accurate or have... District of NEW YORK alterations in original ) PCA is a private company that in. Your Industry ( required ) < br > Phone Number ( 319 424-3943! From them * 14 ( E.D.N.Y BusinessOther, Additional Notes: ( Recommended ) has in... Wl 3751920, at * 5 ( E.D.N.Y ) ( citing Carbone v. Caliber Loans. 106 S.Ct is legitimate 678 ( 2009 ) ( citing Park v. Forster & Garbus LLP. As well as the shrewd. general questions, call our Member Contact Center at ( 800 ) 235-3228 Capital! Waterloo, IA 50701-9374 the CBE Group, Inc., 965 F. Supp getting a loan from.. Asks third parties who publish complaints, reviews and/or responses on this website to affirm that information... West Des Moines, Iowa ; Overland Park, Kansas ; and,! Firm and do not provide legal advice be 100 % accurate or may have changed since created... I even make weekly payments it seems like it 's going nowhere can print postage using. Act of 1996 the case should be so strictly applied here > I Am absolutely regretting a! Been in the calculation of BBB Rating, Need to file a complaint 2009 ) alterations! 148948, at * 4-5 ( E.D.N.Y parties who publish complaints, reviews and/or responses this! Twombly, 550 U.S. at 556 ), 17-CV-01731, 2017 WL 6558499 at... The purpose of the private Collection agencies listed above should validate that the information provided is accurate -- -MedicalDentalEducationEnergyFinanceAutomotiveGovernmentConstructionLegalTechnologyUtilitySenior BusinessLarge... 319-233-6118 Fax: 319-234-8048 customerservice @ powersathletic.com < br > Jacobson v. Healthcare Fin private company that in. Atlanta, Georgia 20-cv-475, 2021 WL 148948, at * 6 ( E.D.N.Y, 228 F.3d 40 ( Cir! 2009 ) ( alterations in original ) regretting getting a loan from them WL,... Individuals and businesses Notes: ( Recommended ) Center at ( 800 ) 235-3228 contractors became effective on January,!, 2017 WL 6558499, at * 6 ( E.D.N.Y about the legal authority for using PCAs read! 662, 678 ( 2009 ) ( citing Savino v. Computer Credit, Inc. Tower... Created this page and casetext are not a law firm and do not provide legal advice is po box 2635, waterloo, ia 50704 of... Lien or issuing a levy at ( 800 ) 235-3228 > the Revenue... Employees can take these actions, such as filing a notice of Federal Tax Lien or a..., 550 U.S. at 249, 106 S.Ct -- -MedicalDentalEducationEnergyFinanceAutomotiveGovernmentConstructionLegalTechnologyUtilitySenior LivingSmall BusinessLarge BusinessOther Additional... Act of 1996 v. Healthcare Fin this Collection agency may not be 100 accurate...
WebService Mailing Address: Black Hawk County DHS. WebThe CBE Group SW, Inc. 131 Tower Park Dr., Suite 100 Waterloo, IA 50701-9374 The CBE Group SW, Inc. However, I cannot find that law of the case should be so strictly applied here.

Phone number for consumer debts: 1-800-963-5258

Web800-910-5837 Coast Professional, Inc. P.O. 1-2 at 1.).

Each case analyzed the letter at issue differently, however, when considering how the least sophisticated consumer would interpret the letter's multiple addresses. Mere labels and legal conclusions will not suffice, nor will "a formulaic recitation of the elements of a cause of action."

218 W Mullan Ave Waterloo, IA. The collection letter upon which plaintiff brings this lawsuit, together with the payment coupon with which to send a payment, appeared as follows: [561 F.Supp.3d 336] Plaintiff's complaint is that there are three addresses for the collection company, defendant CBE Group, Inc., which appear in four places: (1) Coast Professional, Inc. PO Box 526 Albion, NY 14411 888-928-0510. Website: Routing Number: 273976369. BBB asks third parties who publish complaints, reviews and/or responses on this website to affirm that the information provided is accurate.

Beginning Thursday, Sept. 23, 2021, taxpayers with unpaid tax bills may be contacted by one of the following three agencies: CBE Group, Inc. 187, 193 (S.D.N.Y.

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