Posts tagged with: "FDCPA"
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29 Mar 2016, 4:08 pm
Gillie [transcript, PDF] the court heard arguments [SCOTUSblog backgrounder] on whether the special counsel attorneys appointed by the attorney general to collect debts owed to the state are "state officers" under the meaning of the Federal Debt Collection Practices Act (FDCPA) [materials]. [read post]
7 Feb 2022, 12:36 pm
The federal Fair Debt Collection Practices Act (“FDCPA”) prohibits debt collectors from engaging in abusive, harassing, and unfair debt collection practices. [read post]
31 Aug 2018, 6:44 am
Best appeals the dismissal of his First Amended Complaint against the law firm of Cohn, Goldberg & Deutsch, LLC (“Cohn”), in which he alleges violations of the Fair Debt Collection Practices Act (“FDCPA”) and the Maryland Consumer Debt ... [read post]
21 Apr 2010, 8:28 am
Carlisle [Cornell LII backgrounder; JURIST report] that a debt collector's legal error does not qualify for the bona fide error defense under the Fair Debt Collection Practices Act (FDCPA) [15 USC § 1692 text, PDF]. [read post]
13 Oct 2010, 9:34 am
Consumer Protection FDCPA; attorney fees Erik and Stacy Hanson appeal from orders granting their motion for summary judgment in part but denying them damages and attorney fees against the Madden Law Firm (MLF). [read post]
23 Feb 2011, 12:52 pm
Below is the 2006 FDCPA. [read post]
29 Aug 2013, 9:35 am
”[1] In his decision, the Judge reiterated an observation that he had made seven years ago describing a rising tide of FDCPA complaints […] [read post]
20 Aug 2020, 9:45 am
District Court for the District of New Jersey has denied a defendant’s motion to dismiss a putative statewide class action complaint that alleged that the defendant violated Section e(10) of the federal Fair Debt Collection Practices Act (FDCPA), which prohibits the “use of any false representation or deceptive means to collect or attempt... [read post]
2 May 2012, 10:58 am
In short, the advice is to know your rights, get everything in writing, send a cease and desist letter, negotiate if you have the money to pay, record phone calls (our caveat: if it’s allowed in your state), and call an attorney who knows the FDCPA. [read post]
8 May 2017, 6:56 am
Court of Appeals for the Eleventh Circuit recently affirmed the dismissal of a mortgage loan borrower’s federal Fair Debt Collection Practices Act and related state law claims because the defendant mortgagee was not a “debt collector” as defined by the FDCPA. [read post]
12 Nov 2015, 5:47 am
” Though primarily targeted toward debt collectors collecting on obligations owed to the federal government, the bill also brings debt buyers into the FDCPA definition of “debt […]Eric Rosenkoetter [read post]
13 Oct 2007, 10:04 am
As I previously wrote, the Fair Debt Collection Practices Act (”FDCPA”), 15 U.S.C. 1692d makes it unlawful for a debt collector to engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. [read post]
11 Jan 2019, 10:12 am
In 1978 Congress passed the Fair Debt Collection Practices Act (FDCPA) to eliminate abusive practices and regulate the debt collection industry. [read post]
18 Jul 2017, 6:02 am
Court of Appeals for the Fifth Circuit recently affirmed summary judgment under the Fair Debt Collection Practices Act (FDCPA) in favor of the debtor and against a debt collector, where the debt collector failed to mark the debtor’s account as disputed when it credit reported the account. [read post]
8 Apr 2018, 11:56 pm
Court of Appeals for the Seventh Circuit recently affirmed a trial court’s summary judgment order in favor of a debt collector and against a debtor finding that the debt collector did not violate the federal Fair Debt Collection Practices Act (FDCPA) by only verifying the information Read more → Ernest Wagner [read post]
6 Jun 2017, 6:50 am
Court of Appeals for the Eleventh Circuit recently affirmed the dismissal of a complaint alleging violations of the federal Telephone Consumer Protection Act, the federal Fair Debt Collection Practices Act (FDCPA) and its analogue under Florida state law, because the plaintiff previously filed a separate lawsuit against the same defendant alleging violations of […] Eric Tsai [read post]
26 Apr 2011, 12:27 pm
If the creditor knew about the bankruptcy, which is likely, then your bankruptcy attorney can actually sue the creditor for monetary damages due to FDCPA violations. [read post]
4 Jan 2021, 7:31 am
Court of Appeals for the Seventh Circuit recently vacated a trial court’s order denying a debt collector’s motion to compel arbitration in a putative class action lawsuit filed by a consumer alleging violations of the federal Fair Debt Collection Practices Act (FDCPA), and remanded the case to the lower court with instructions to dismiss for lack of jurisdiction. [read post]
18 Nov 2021, 2:00 pm
"An interpretation [of the FDCPA] that penalizes a company for using modern technology is off-base," Perr said. [read post]
15 Jun 2023, 7:11 am
Brown, the depositions in question were of a CFPB witness taken in the CFPB’s enforcement action against 18 defendants that alleged the defendants had engaged in or substantially assisted a fraudulent debt collection scheme in violation of the CFPA and the FDCPA. [read post]
