Posts tagged with: "FDCPA"
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7 Sep 2016, 4:50 pm
The FDCPA requires a debt collector to provide consumers notice of certain rights either in the initial communication with the consumer or within five days thereof. [read post]
23 Mar 2023, 9:00 am
Bruce[2], examined the FDCPA’s one-year statute of limitations for claims of improper debt collection practices, finding that the one-year period of limitations applied to each discrete violation of the FDCPA claimed by the plaintiff. [read post]
23 Dec 2019, 8:38 am
The post Judge Grants MSJ For Defendant in FDCPA Case Over Disputed Debt, <I>AccountsRecovery.net</I>, ft. [read post]
4 Oct 2016, 1:04 pm
The Ninth Circuit has ruled that the FDCPA requirement in 15 U.S.C. [read post]
9 Apr 2014, 10:59 am
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6 Mar 2017, 8:02 am
The district court (trial court) dismissed the case as it ruled there was no FDCPA violation. [read post]
1 Aug 2007, 7:23 pm
Governmental agencies are not subject to the FDCPA. [read post]
6 Sep 2011, 7:49 am
The Fair Debt Collection Practices Act (“FDCPA”) provides that : “a debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt” including “the false representation or implication that a debt collector operates or is employed by a consumer reporting agency …” FDCPA, Title 15 [...] [read post]
11 Dec 2011, 11:46 am
Commercial Recovery Systems (“CRS”) violated the Fair Debt Collection Practices Act (“FDCPA”) by threatening to sue consumers, obtain liens, judgments, or garnish wages without any intention of doing so according to consumers who filed FDCPA lawsuits. [read post]
4 Aug 2016, 7:53 am
Court of Appeals for the District of Columbia recently held that, under the federal Fair Debt Collection Practices Act (FDCPA), a collection letter from a law firm did not misrepresent any meaningful involvement by an attorney. [read post]
9 Dec 2019, 8:01 am
Court of Appeals for the Seventh Circuit recently reversed the dismissal of a debtor’s claim under the federal Fair Debt Collection Practices Act, holding that the debtor stated a plausible claim that the dunning letter she received violated the FDCPA. [read post]
24 Nov 2015, 1:30 pm
Court of Appeals for the Eighth Circuit recently affirmed the dismissal of a federal Fair Debt Collection Practices Act (FDCPA) claim premised solely on the allegation that an affiant who swore to have personal knowledge of the facts did not, in fact, possess personal knowledge when he made the affidavit. [read post]
15 May 2017, 12:13 pm
In a 5-3 decision handed down on May 15, the Supreme Court of the United States held that the federal Fair Debt Collection Practices Act (FDCPA) is not violated when a debt collector files a proof of claim for a debt subject to the bar of an expired limitations period. [read post]
4 Sep 2018, 5:33 am
Court of Appeals for the Ninth Circuit recently held that the plaintiff carries the burden of proving the debt collector’s net worth to obtain statutory damages in a class action under the federal Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. [read post]
11 Apr 2016, 5:52 am
Court of Appeals for the Fourth Circuit recently held that the fact that a debt is in default at the time it is purchased by a third party does not necessarily make that third party a “debt collector” subject to the federal Fair Debt Collection Practices Act (FDCPA). [read post]
25 Jun 2018, 6:13 am
Court of Appeals for the Fifth Circuit rejected the argument of the attorney defendant who owned a law firm and a debt-buying company that he was exempt under the federal Fair Debt Collection Practices Act (FDCPA) because… Mickey J. [read post]
29 Mar 2019, 6:49 am
Court of Appeals for the Second Circuit held that a debt collection letter that informs the consumer of the total, present quantity of his or her debt satisfies section 1692g of the federal Fair Debt Collection Practices Act (FDCPA) notwithstanding its failure to… Jeffrey Karek [read post]
19 Aug 2016, 9:27 am
Court of Appeals for the Ninth Circuit recently held that there is no federal Fair Debt Collection Practices Act (FDCPA) violation if a subsequent communication is sufficient to disclose to the least sophisticated debtor that the communication was from a debt collector, even without expressly stating “this communication is from a debt collector. [read post]
21 Dec 2015, 10:33 am
The United States District Court for the Western District of Missouri recently granted a debt collector’s motion for judgment on the pleadings, holding an internal account number displayed on the envelope of a demand letter did not violate the Fair Debt Collections Practices Act (FDCPA) because it did not reveal the plaintiff was a debtor. [read post]
14 Jul 2015, 9:27 am
Court of Appeals for the Eleventh Circuit recently held that the FDCPA applies to litigation activity, even when the debt collector’s conduct is directed at someone other than the consumer, such as the court or the debtor’s counsel. [read post]
