U.S. Court of Appeals for the Second Circuit · New York · United States · · 22-1345
Unauthorized-practice litigation
Outcome: Preliminary injunction vacated and case remanded for the district court to apply the correct level of First Amendment scrutiny.
The Second Circuit vacates a preliminary injunction in Upsolve v. James on September 9, 2025 and remands. The plaintiffs seek to give free debt-collection advice without lawyer licensure. The court holds the district court applied the wrong scrutiny level to New York’s unauthorized-practice statutes as applied to the proposed program.
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