Posts tagged with: "FDCPA"
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22 Aug 2014, 5:00 am
The case involves the FDCPA requirement in 15 U.S.C. [read post]
6 May 2021, 6:44 am
The ruling that a debt collector’s transmittal of debt information to its letter vendor could violate the FDCPA’s limits on third party communications has produced shock waves. [read post]
20 Jul 2021, 8:16 am
Court of Appeals for the Eighth Circuit recently affirmed entry of summary judgment in favor of a mortgage servicer against a borrower’s claims that it violated the federal Fair Debt Collection Practices Act (FDCPA). [read post]
22 Feb 2016, 5:56 am
District Court for the Eastern District of New York recently granted summary judgment in favor of a debtor in his claim that a debt collector violated the FDCPA when the debt collector, in attempting to reach the debtor by telephone, left a message with a third party providing the debt collector’s callback information. [read post]
15 Jan 2016, 9:42 am
Court of Appeals for the Sixth Circuit recently confirmed that a servicer and loan owner who did not bring a debt collection or foreclosure action as a counterclaim to a federal Fair Debt Collection Practices Act (FDCPA) lawsuit did not waive their ability to collect on the debt in the future. [read post]
9 Sep 2019, 3:11 pm
Court of Appeals for the Third Circuit recently held that a debt collector violated the federal Fair Debt Collection Practices Act (FDCPA) when the envelope it sent to a debtor displayed an unencrypted code that revealed the debtor’s account number when scanned. [read post]
10 May 2012, 4:00 am
.), Minnesota Litigator commented on the challenges of debt collection under the FDCPA but also mentioned the factual backdrop of all debt collection efforts: getting money from people who … Continue reading ? [read post]
27 Mar 2014, 11:00 pm
The United States Court of Appeals for the Seventh Circuit (Wisconsin, Illinois, Indiana) has recently ruled that collection or "dunning" letters sent after the expiration of the applicable statute of limitations violate the Fair Debt Collection Practices Act ("FDCPA") unless they also disclose that the debt may be time-barred. [read post]
10 Dec 2019, 7:43 am
Here’s the first paragraph of Justice Thomas’s opinion for the Court: The Fair Debt Collection Practices Act (FDCPA) authorizes private civil actions against debt collectors... [read post]
24 Aug 2022, 8:54 am
Court of Appeals for the Fifth Circuit recently reversed the class certification order of a trial court, finding sua sponte that the plaintiff lacked standing to bring a claim against a debt collection law firm under the federal Fair Debt Collection Practices Act (FDCPA). [read post]
15 Feb 2021, 7:53 am
Court of Appeals for the Seventh Circuit recently affirmed the dismissal of a consumer’s claims under the federal Fair Debt Collection Practices Act (FDCPA) for failing to sufficiently allege a concrete injury to confer standing under Article III. [read post]
27 Mar 2014, 11:00 pm
The United States Court of Appeals for the Seventh Circuit (Wisconsin, Illinois, Indiana) has recently ruled that collection or "dunning" letters sent after the expiration of the applicable statute of limitations violate the Fair Debt Collection Practices Act ("FDCPA") unless they also disclose that the debt may be time-barred. [read post]
3 Dec 2015, 5:30 am
The Court of Appeals of Georgia, Second Division, recently held that a debt collector did not violate the federal Fair Debt Collections Practices Act (FDCPA), holding that even if the alleged misrepresentations in the debt collector’s affidavit were technically false, they were not material and thus failed to state a claim. [read post]
3 Jul 2018, 7:50 am
McCarthy & Holthus LLP that presents the question “whether the FDCPA applies to non-judicial foreclosure proceedings. [read post]
1 Apr 2010, 8:17 am
The Mass Tort Defense Blog has a good post this week on the Seventh Circuit decision on the FDCPA in Dekoven v. [read post]
24 Jan 2023, 9:13 am
Court of Appeals for the Tenth Circuit recently joined the Eleventh Circuit (and a growing majority of courts) in rejecting the “Hunstein theory” of liability under the Fair Debt Collection Practices Act (FDCPA). [read post]
27 Jul 2012, 2:44 pm
As such, the borrower’s claims under the FDCPA could not survive. [read post]
29 May 2013, 10:21 am
Because the FDCPA applies only to debt collectors, it is useful to look at the narrow exceptions to FDCPA coverage. [read post]
20 Jan 2020, 8:39 am
Court of Appeals for the Fifth Circuit recently reversed certification of a consumer class alleging that a debt collection letter violated the federal Fair Debt Collection Practices Act (FDCPA). [read post]
13 Sep 2021, 9:30 am
Congress wrote the FDCPA this way to incentivize people to enforce the FDCPA and help the government regulate debt collectors and ensure compliance with the law. [read post]
