Posts tagged with: "FDCPA"
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18 Aug 2017, 11:36 am
District Court for the Eastern District of New York recently granted in part and denied in part a mortgage servicer’s motion to dismiss a borrower’s claim that the servicing transfer notice supposedly violated the federal Fair Debt Collection Practices Act (FDCPA) because it allegedly did not disclose that the debt was increasing due […] Amy Jonker [read post]
22 Jan 2020, 1:53 pm
The plaintiff alleged the defendant law firm violated the FDCPA by sending him two letters regarding overdue payments he owed on two accounts. [read post]
19 Mar 2021, 1:45 pm
Court of Appeals for the Seventh Circuit recently affirmed a trial court’s judgment that an insurer had no duty to defend a debt collector in an action brought by a consumer asserting claims under the federal Fair Debt Collection Practices Act (FDCPA) and the federal Telephone Consumer Protection Act (TCPA), as well as common law claims of defamation and invasion of privacy. [read post]
21 Mar 2019, 8:12 am
McCarthy & Holthus LLP on March 20, ruling the federal Fair Debt Collection Practices Act does not cover persons engaged in “non-judicial foreclosures” except with respect to a single provision contained in the FDCPA. [read post]
3 Oct 2023, 1:05 pm
The Appellate Court of Illinois, Second District, recently affirmed the dismissal of a claim for supposed violations of the federal Fair Debt Collections Practices Act where the consumer plaintiff failed to allege facts that the money sought to be collected was a “debt” as defined by section 1692a(5) of the FDCPA, and the demand letter from the defendant law firm indicated that the debt was commercial in nature. [read post]
18 Jan 2017, 10:47 am
District Court for the Middle District of Florida recently granted in part a mortgage loan servicer’s motion to dismiss a consumer borrower’s claims under the federal Fair Debt Collection Practices Act (FDCPA), the Florida Consumer Collection Practices Act (FCCPA), the Real Estate Settlement Procedures Act (RESPA), the federal Fair Credit Reporting Act (FCRA), […]Hector E. [read post]
3 Aug 2017, 8:11 am
Blatt, Hasenmiller, Leibsker & Moore, LLC, 825 F.3d 788, 791 (7th Cir. 2016), holding this time that a debt collector that relied upon circuit precedent interpreting the federal Fair Debt Collection Practices Act (FDCPA) […] Amy Jonker [read post]
22 Jan 2018, 6:43 am
Court of Appeals for the Seventh Circuit recently held that “debt collectors cannot immunize themselves from FDCPA liability by blindly copying and pasting the Miller safe harbor language” where that language is inaccurate under the circumstances. [read post]
17 Oct 2011, 6:40 pm
Alliance One Receivables Management, Inc. allegedly called relatives according to FDCPA lawsuits filed in Florida, New York and California. [read post]
29 Jul 2021, 10:40 am
In his decision in In Re FDCPA Mailing Vendor Cases, Judge Gary R. [read post]
5 Mar 2008, 4:13 am
As Matter of First Impression, FDCPA Permits Consumers to Notify Debt Collectors of Dispute Within 30 Days of Receiving Debt Collectors’ Letter Necessitating Reversal of Summary Judgment in Favor of Defense in FDCPA Class Action Second Circuit Holds Plaintiff filed a putative nationwide class action complaint against Healthcare Financial Services (HFS), a “debt collector” within the meaning of the federal Fair Debt Collection Practices Act… [read post]
10 Apr 2011, 9:37 pm
The FDCPA considers repeat calls to be harassment. [read post]
11 Apr 2007, 6:09 am
Defense attorneys also moved for summary judgment with respect to the balance of plaintiff's FDCPA claims. [read post]
19 Oct 2020, 11:16 am
., and Asset Acceptance Capital Corp. alleging that the defendants engaged in various unlawful practices in violation of the FDCPA, the CFPA, and a 2015 administrative consent order between the defendants and the CFPB. [read post]
24 Dec 2009, 10:23 pm
A South Jersey woman sued Midland Funding, LLC alleging that it violated the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692, et seq. [read post]
16 Jan 2015, 6:00 am
In reversing, the Sixth Circuit noted three points about the letter and the FDCPA. [read post]
26 Oct 2007, 9:56 am
Finally, the Seventh Circuit held that a district court may dismiss as a matter of law a claim of deception under the FDCPA. [read post]
22 Aug 2016, 5:00 am
If the debt was incurred for a business, the FDCPA doesn’t apply. [read post]
27 May 2021, 2:36 pm
Accordingly, the panel concluded that the plaintiff had standing because the FDCPA violation that he alleged constituted a concrete injury. [read post]
25 Aug 2022, 6:02 am
District Court for the District of Massachusetts recently denied a motion to dismiss FDCPA and Mass. [read post]
