Posts tagged with: "FDCPA" Results 161 - 180 of 2,070
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29 Sep 2015, 5:41 am by Charles Ochab
Court of Appeals for the Seventh Circuit recently affirmed summary judgment in favor of a debt collector, holding among other things that the “FDCPA is not an enforcement mechanism for matters governed elsewhere by state and federal law. [read post]
8 Jun 2016, 9:16 am by Mickey J. Lee
Court of Appeals for the Seventh Circuit recently held that neither extrinsic evidence of confusion, nor materiality, is required for claims under § 1692g(a) of the federal Fair Debt Collection Practices Act (FDCPA). [read post]
15 May 2017, 12:13 pm by Donald Maurice
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]
11 Apr 2016, 5:52 am by Andrew Williamson
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]
9 Dec 2019, 8:01 am by Hector E. Lora
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]
25 Jun 2018, 6:13 am by Mickey J. Lee
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]
12 Sep 2018, 6:58 am by Eric Tsai
Court of Appeals for the Eighth Circuit recently held that a consumer waived his right under the federal Fair Debt Collection Practices Act (FDCPA) to cease further communications by calling the debt collector and asking questions about the underlying debt. [read post]
8 Mar 2019, 9:01 am by Donald Maurice
An entity whose principal business is to purchase debt, but did not itself collect the debt it purchased, was found to be a debt collector subject to the federal Fair Debt Collection Practices Act (FDCPA), even though the collection activity was undertaken by other entities. [read post]
29 Mar 2019, 6:49 am by Jeffrey Karek
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]
14 Jul 2015, 9:27 am by Christopher P. Hahn
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]
21 Dec 2015, 10:33 am by Brady Hermann
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]
23 Mar 2021, 10:25 am by Christopher J. Willis
The FTC has provided its annual update to the CFPB on the FTC’s FDCPA activities. [read post]
1 Mar 2013, 12:12 pm by Steve Harms
Good news for collectors who are sued unsuccessfully by a plaintiff for violating the Fair Debt Collection Practices Act (FDCPA): the United States Supreme Court just ruled that the defendant in the case may recover costs against the unsuccessful plaintiff. [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]
18 Jun 2008, 4:12 am by Joseph Mullaney
She seeks damages, attorney’s fees, and costs of the litigation for the Defendants’ alleged violation of the Fair Debt Collection Practices Act (FDCPA). [read post]
3 Aug 2009, 6:02 pm by Daniel O'Rielly
In an Advisory Opinion, the Federal Trade Commission has clarified a statutory conflict between the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. [read post]