Posts tagged with: "FDCPA"
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28 Aug 2018, 7:11 am
Court of Appeals for the Seventh Circuit held that a mortgage field servicing company’s actions were too attenuated from its mortgage servicer client’s own debt collection efforts to be considered a debt collector under the federal Fair Debt Collection Practices Act (FDCPA). [read post]
28 Mar 2018, 8:02 am
District Court for the Southern District of Florida recently granted summary judgment in favor of a defendant debt collector in a putative class action alleging violations of sections 1692g and 1692e of the federal Fair Debt Collection Practices Act (FDCPA), holding that the “debt validation notice” letter at issue was neither confusing nor Read more → Hector E. [read post]
3 Apr 2018, 11:36 am
District Court for the Eastern District of New York dismissed an FDCPA Avila claim involving potential future fees and costs in Derosa v. [read post]
11 Aug 2016, 10:03 am
Filing a proof of claim with a bankruptcy court representing a debt subject to an expired state law limitations period does not violate the federal Fair Debt Collection Practices Act (FDCPA) under an opinion released yesterday from the Seventh Circuit Court of Appeals. [read post]
4 Mar 2016, 8:56 am
District Court for the District of Arizona recently held that a debt collector did not violate the federal Fair Debt Collection Practices Act (FDCPA) by attempting to collect on a debt because a debtor’s spouse’s bankruptcy proceedings did not discharge the debt to the extent that the debtor himself may be liable for […]Allison Hayes [read post]
26 Apr 2018, 6:46 am
Court of Appeals for the Eighth Circuit recently joined with the Third, Fourth, Sixth, Seventh, and Ninth Circuits in applying a materiality standard to section 1692e of the federal Fair Debt Collection Practices Act (FDCPA). [read post]
31 Jul 2015, 4:23 am
Court of Appeals for the Third Circuit recently held that a false statement in a communication from a debt collector must be “material” to be actionable under the FDCPA. [read post]
6th Cir. Rejects FDCPA Allegations of State Procedural Violations, Misrepresentations, Citing Spokeo
2 May 2017, 7:12 am
Court of Appeals for the Sixth Circuit recently held that alleged violations of the federal Fair Debt Collection Practices Act (FDCPA) arising out of state procedural violations were not sufficient to confer subject matter jurisdiction without any corresponding concrete harm. [read post]
14 Jul 2015, 9:33 am
The Eleventh Circuit Court of Appeals recently handed down a decision that went too far in holding that all litigation related activity is subject to the FDCPA. [read post]
10 Apr 2017, 9:14 am
The Ninth Circuit ruled that section 1692f(6) of the FDCPA applies to non-judicial foreclosure activity. [read post]
11 Mar 2016, 8:09 am
District Court for the Southern District of Alabama recently granted summary judgment in favor of a mortgage loan servicer and the trustee of a mortgage backed securities trust in a putative class action alleging violations of the federal Fair Debt Collection Practices Act (FDCPA), ruling that the “bona fide error” defense applied to […]Charles Ochab [read post]
7 Jun 2016, 5:19 am
Court of Appeals for the Seventh Circuit recently held that the federal Fair Debt Collection Practices Act (FDCPA) does not prohibit debt collectors from filing a collection lawsuit without intending to proceed to trial to obtain a judgment. [read post]
30 Nov 2015, 5:04 am
In an action alleging that the defendants violated the federal Fair Debt Collection Practices Act (FDCPA) by sending a form letter attempting to collect on allegedly time-barred debts, the U.S. [read post]
31 May 2017, 3:05 am
., maintaining and affirming its prior ruling that the trustee in a California non-judicial foreclosure did not qualify as a debt collector under the federal Fair Debt Collection Practices Act (FDCPA). [read post]
22 Aug 2016, 4:21 am
Court of Appeals for the Seventh Circuit recently held that a wage garnishment action under Illinois law is not a legal action “against a consumer” under the federal Fair Debt Collection Practices Act (FDCPA). [read post]
13 Jun 2017, 11:39 am
Supreme Court offered some clarity to the financial services industry seeking to assess debt purchaser FDCPA liability. [read post]
26 Apr 2018, 6:46 am
Court of Appeals for the Eighth Circuit recently joined with the Third, Fourth, Sixth, Seventh, and Ninth Circuits in applying a materiality standard to section 1692e of the federal Fair Debt Collection Practices Act (FDCPA). [read post]
7 Apr 2016, 11:17 am
Court of Appeals for the Second Circuit recently vacated the dismissal of federal Fair Debt Collection Practices Act (FDCPA) allegations that a debt collector’s notice stating the “current balance” of the debt without disclosing that the balance may increase over time due to interest and fees was “misleading” within the meaning of Section […]Stuart Miles [read post]
4 Feb 2011, 8:21 am
Rash Curtis & Associates in the Northern District of California, the Court granted summary judgment for defendant in a case that elaborates on plaintiff's burden to show an FDCPA violation. [read post]
31 Aug 2018, 5:18 am
., the law firm that recently defeated the CFPB’s FDCPA lawsuit against it, has filed a motion seeking attorney’s fees of approximately $1.2 million from the CFPB. [read post]
