Posts tagged with: "Fair+Debt"
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4 Apr 2011, 8:49 am
The other statute is the Fair Debt Collections Practices Act or FDCPA. [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]
6 Mar 2017, 8:02 am
Does a collection letter from a collection law firm seeking payment of an alleged homeowner’s association fee constitute a “debt” under the Fair Debt Collection Practices Act (FDCPA)? [read post]
19 Mar 2021, 1:45 pm
Court of Appeals for the Seventh Circuit recently affirmed a trial court’s judgment that an insurer had no duty to defend a debt collector in an action brought by a consumer asserting claims under the federal Fair Debt Collection Practices Act (FDCPA) and the federal Telephone Consumer Protection Act (TCPA), as well as common law claims of defamation and invasion of privacy. [read post]
15 Jul 2015, 7:39 am
Miljkovic incorrectly construes the Fair Debt Collection Practices Act and its legislative history as well as two U.S. [read post]
15 Feb 2016, 5:52 am
District Court for the District of Oregon recently granted summary judgment in favor of a debt collector, ruling that the collector’s voice mail messages for the debtor did not unlawfully communicate with a third party under the federal Fair Debt Collection Practices Act (FDCPA) and related state law, because the collector could not […]Stuart Miles [read post]
11 Feb 2011, 11:12 am
Consumer Protection FDCPA 15 U.S.C. 1692c(c) of the Fair Debt Collection Practices Act does not prohibit debt collectors from contacting a debtor’s legal counsel as well as the debtor himself, once the debtor refuses to pay. [read post]
10 Oct 2024, 11:17 am
The primary goal of bankruptcy is to grant relief to debtors while ensuring fair treatment of … Read more [read post]
9 Jul 2014, 12:52 pm
A June 30 decision by a New Jersey federal district court found a law firm violated the Fair Debt Collection Practices Act because its attorneys did not spend sufficient […] [read post]
27 Jan 2016, 10:03 am
A recent decision from a United States Bankruptcy Court in the Northern District of Illinois provides a detailed analysis of why proofs of claim on “time-barred” debt do not violate the federal Fair Debt Collection Practices Act (FDCPA) or the Bankruptcy Code. [read post]
17 May 2016, 11:42 am
Supreme Court held that attorneys retained as independent contractors by the Ohio Attorney General to collect debts owed to the state do not violate the federal Fair Debt Collection Practices Act (FDCPA) when sending collection letters on Attorney General letterhead. [read post]
5 Oct 2016, 7:48 am
Court of Appeals for the Eleventh Circuit recently held that the federal Fair Debt Collection Practices Act’s venue provision did not apply to post-judgment action garnishment proceedings. [read post]
12 Aug 2017, 12:05 pm
Court of Appeals for the Seventh Circuit ruled that the bona fide error defense in the Fair Debt Collection Practices Act (FDCPA) did not protect a debt collector who complied with then-controlling Seventh Circuit precedent — which was subsequently overruled by that court. [read post]
1 Feb 2021, 12:28 pm
Court of Appeals for the Seventh Circuit recently vacated a trial court’s judgment of dismissal and remanded with instructions to hold an evidentiary hearing limited to the issue of whether the trial court had subject-matter jurisdiction over a plaintiff’s claim that a dunning letter violated the federal Fair Debt Collection Practices Act because it did not clearly state that interest would accrue on the debt. [read post]
9 Aug 2007, 4:29 pm
Creditors, debt collectors and debt buyers who furnish consumer credit account data on a regular basis to credit reporting agencies have duties under the Fair Credit Reporting Act (FCRA) to correct and update that consumer credit history information. [read post]
8 Dec 2015, 7:27 am
Debt collectors seeking to avoid liability under the bona fide error exception of the federal Fair Debt Collection Practices Act (FDCPA) will not be excused from liability if the conduct at issue was intentionally undertaken. [read post]
15 Apr 2021, 11:14 am
Court of Appeals for the Fifth Circuit recently affirmed a trial court’s denial of an award of attorney’s fees to a debtor who settled his claims against a debt collector for purported violations of the federal Fair Debt Collection Practices Act and parallel state law consumer protection statutes. [read post]
19 Sep 2017, 5:20 pm
ReconTrust Co. 17-278 Issue: Whether entities conducting foreclosure-related activities, including notifying borrowers that their homes will be sold unless payment is made, are subject to the Fair Debt Collection Practices Act’s general restrictions on “debt collectors. [read post]
17 Jul 2020, 6:04 am
Court of Appeals for the Ninth Circuit recently affirmed the dismissal of a borrower’s complaint under the federal Fair Debt Collection Practices Act arising from a judicial foreclosure proceeding in Oregon, holding that the defendants were not attempting to collect a debt within the meaning of the FDCPA when only foreclosure was sought and not a deficiency judgment. [read post]
3 Feb 2017, 9:05 am
Court of Appeals for the Ninth Circuit recently held that a notice regarding overdue homeowners association (HOA) assessments contained language that overshadowed and conflicted with the homeowner’s federal Fair Debt Collection Practices Act debt validation rights. [read post]
