Posts tagged with: "FDCPA"
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4 Aug 2020, 8:33 am
Court of Appeals for the Seventh Circuit recently affirmed the dismissal of consumers’ claims that a debt collector's separate reporting of debts accrued for medical services, rather than aggregated together, violated the federal Fair Debt Collection Practices Act (FDCPA). [read post]
17 Aug 2021, 6:22 am
Constitution provides immunity to debt collectors from FDCPA claims. [read post]
6 Apr 2016, 7:17 am
To advance these goals, the FDCPA encourages the involvement of attorneys. [read post]
14 Apr 2011, 6:44 am
A debt collector who attempted to collect a debt barred by a New Jersey statute of limitation did not violate the FDCPA by simply demanding payment of the debt, as held by the Third Circuit’s decision in Huertas v. [read post]
29 Nov 2013, 1:10 pm
FDCPA When do attorneys face liability under the federal Fair Debt Collection Practices Act? [read post]
26 Oct 2020, 4:00 am
Client Services Inc., another FDCPA case in which the Bureau also filed an amicus brief in support of the debt collector. [read post]
8th Cir. Distinguishes ‘Article III’ and ‘Statutory’ Standing in FDCPA ‘Third Party Disclosure’ Case
9 Sep 2022, 7:04 am
Court of Appeals for the Eighth Circuit recently affirmed the judgment of a trial court and held that non-consumers cannot bring a claim under Section 1692c(b) of the federal Fair Debt Collection Practices Act (FDCPA). [read post]
6 Mar 2023, 11:00 am
Court of Appeals for the Sixth Circuit recently reversed a trial court's dismissal of a consumer’s federal Fair Debt Collection Practices Act claim, and held that the FDCPA claim actually fell within the statute of limitations. [read post]
18 Apr 2016, 9:00 am
In a federal Fair Debt Collection Practices Act (FDCPA) lawsuit, the U.S. [read post]
7th Cir. Holds Plaintiff’s Settlement of Parallel Claim Against Another Defendant Mooted FDCPA Claim
6 Sep 2018, 2:09 pm
Court of Appeals for the Seventh Circuit recently reversed a judgment against a debt collector, finding that the plaintiff’s settlement with the creditor for the same indivisible injury mooted the plaintiff’s federal Fair Debt Collection Practices Act (FDCPA) claims for statutory damages, attorneys’… Ernest Wagner [read post]
8 May 2023, 7:04 am
The Superior Court of Pennsylvania, an intermediate appellate court, recently affirmed a trial court's order sustaining preliminary objections to a complaint alleging violations of Pennsylvania's Fair Credit Extension Uniformity Act (FCEUA), which incorporates by reference the federal Fair Debt Collection Practices Act (FDCPA). [read post]
19 Nov 2015, 4:24 am
Court of Appeals for the Sixth Circuit recently affirmed judgment on the pleadings in favor of a debt collector because the voicemail in question, which was left at the plaintiff’s business, was not a “communication” as defined by the federal Fair Debt Collection Practices Act (FDCPA) because it did not convey information about […]Andrew Chan [read post]
26 Jan 2016, 4:36 am
District Court for the Middle District of Florida recently dismissed allegations that a debt buyer violated the federal Fair Debt Collection Practices Act by filing a proof of claim on time-barred debt, holding that such claims are precluded by the Bankruptcy Code, and that the FDCPA does not provide a private right of […]Christopher P. [read post]
13 Jul 2016, 3:04 am
Court of Appeals for the Eighth Circuit recently held that “[a]n accurate and complete proof of claim on a time-barred debt is not false, deceptive, misleading, unfair, or unconscionable under the FDCPA. [read post]
30 Jul 2018, 12:03 pm
Court of Appeals for the Eighth Circuit recently held that seeking to collect compound interest in violation of state usury law results in a misrepresentation of the amount of a debt in material violation of the federal Fair Debt Collection Practices Act (FDCPA). [read post]
17 Jul 2020, 6:04 am
Court of Appeals for the Ninth Circuit recently affirmed the dismissal of a borrower’s complaint under the federal Fair Debt Collection Practices Act arising from a judicial foreclosure proceeding in Oregon, holding that the defendants were not attempting to collect a debt within the meaning of the FDCPA when only foreclosure was sought and not a deficiency judgment. [read post]
26 Sep 2008, 5:17 am
., L.L.C. for allegedly violating the Fair Debt Collection Practices Act (FDCPA). [read post]
14 Aug 2019, 11:50 am
The permissibility of that approach under the FDCPA was called into question by the decision issued last week by the U.S. [read post]
29 Mar 2007, 11:30 am
Note that, under the 2006 amendments to FDCPA a formal court "pleading" does not constitute a communication from a debt collector. [read post]
16 Jun 2012, 5:46 am
Nevertheless, recognizing that the FDCPA itself can be read to imply that a debtor must dispute a debt in writing, the Ninth Circuit held that there is a violation of the FDCPA only where the debt validation notice expressly requires the dispute be in writing. [read post]
