Case Study: Townsel V. Dish

Law360, New York (March 9, 2012, 1:26 PM EST) -- Paying obligations with a debit card linked to an account funded with Social Security benefits is not an unenforceable assignment of a Social Security benefit, according to a Seventh Circuit opinion authored by Circuit Judge Frank H. Easterbrook. While this issue probably is not one that keeps creditors awake at night, the "anti-assignment" provision of the Social Security Act, 42 U.S.C. § 407(a) can cause trouble if one does not know its parameters. The Seventh Circuit's decision in Townsel v. Dish Network LLC, Case No. 11-2827, benefits merchants, creditors and consumer alike, and provides common sense guidance on a sometimes confusing topic....

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