Posts tagged with: "FDCPA"
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31 Jan 2023, 2:21 pm
Continue reading → The post Least Sophisticated Debtor Test and Strict Liability Under the FDCPA appeared first on Reboot Your Life: Tampa Student Loan and Bankruptcy Attorney Blog. [read post]
20 Mar 2018, 7:34 am
Court of Appeals for the Sixth Circuit held that a plaintiff asserting only a bare violation of the federal Fair Debt Collection Practices Act (FDCPA) failed to identify a cognizable injury traceable to the defendant’s alleged conduct, and therefore failed to demonstrate Article III standing. [read post]
17 Feb 2016, 9:00 am
When debtors direct their efforts to attorneys rather than directly at consumers, they fall within the bounds of FDCPA. [read post]
25 Jan 2016, 8:58 am
Midland Funding, LLC, 528 B.R. 462 (S.D.Ala.2015) (Irreconcilable conflict exists between the FDCPA and the Code; Code’s provisions allowing claims preempts FDCPA). [read post]
8 Sep 2021, 10:17 am
According to FDCPA, debt collectors cannot use any unfair or deceptive practices while collecting the debts. [read post]
18 Jul 2018, 2:03 pm
The Fraudsters radio show interviewed me this week for about an hour on how consumers can arm themselves and proactively protect their credit report, stop or fix violations, and obtain damages for violations under the TCPA, FDCPA, FCCPA and the FCRA. [read post]
22 Dec 2020, 11:50 am
The Second Circuit was relatively quiet when it came to the Fair Debt Collection Practices Act (FDCPA) and the Telephone Consumer Protection Act (TCPA) in 2020, but when it did issue opinions, several were quite impactful in our industry. [read post]
21 Jan 2021, 2:35 pm
Court of Appeals for the Seventh Circuit recently vacated judgment in favor of consumers and certification of a proposed class for claims that a debt collector violated sections 1692e and 1692f of the federal Fair Debt Collection Practices Act (FDCPA) by excluding a statement that interest would accrue on the debts in their collection letters. [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]
29 Mar 2012, 5:47 am
The Eleventh Circuit Court of Appeals recently issued a new FDCPA opinion. [read post]
28 May 2020, 10:45 am
The FDCPA requires a debt collector to provide the validation notice in the initial communication or within five days thereafter. [read post]
29 Aug 2012, 3:51 pm
(Those two agencies share responsibility for enforcing the FDCPA.) [read post]
27 Apr 2017, 2:28 pm
The Sixth Circuit recently disagreed, holding that a bare procedural violation of the FDCPA does not satisfy Spokeo where the resulting harm is not the type of harm the FDCPA was designed to prevent. [read post]
25 Jun 2021, 3:45 pm
In short, the FDCPA prohibits debt collectors from communicating with third parties concerning the debt of another without the prior consent of the debtor. 15 U.S.C. [read post]
30 May 2012, 6:59 pm
But the plain text of the FDCPA does not set forth reliance as an element of the FDCPA. [read post]
4 Aug 2010, 8:11 pm
When we think about who the Fair Debt Collection Practices Act (FDCPA) is designed to protect we don't normally think of . . . debt collectors. [read post]
11 Jan 2017, 10:41 am
Mishkin The CFPB announced that it has entered into a consent order with two law firms specializing in the collection of medical debts and their president for alleged FDCPA violations. [read post]
26 Feb 2013, 9:03 am
The decision provides some relief to defendants in FDCPA cases that are successfully defended. [read post]
29 Jun 2012, 1:53 pm
The borrower contended that the law firm violated the FDCPA in foreclosing on behalf of the bank before the transfer and assignment occurred. [read post]
CFPB files SCOTUS amicus brief in FDCPA case on filing bankruptcy proof of claim on time-barred debt
29 Dec 2016, 2:17 pm
According to the CFPB, treating Midland’s alleged conduct as an FDCPA violation would not penalize Midland for conduct the Code authorizes and would not otherwise create any conflict between the FDCPA and the Code. [read post]
