Posts tagged with: "Fair+Debt"
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8 May 2017, 6:56 am
Court of Appeals for the Eleventh Circuit recently affirmed the dismissal of a mortgage loan borrower’s federal Fair Debt Collection Practices Act and related state law claims because the defendant mortgagee was not a “debt collector” as defined by the FDCPA. [read post]
27 Nov 2015, 7:50 am
Court of Appeals for the Second Circuit recently reversed dismissal of a federal Fair Debt Collection Practices Act (FDCPA) claim based on the statute of limitations, holding that an FDCPA violation occurs when a bank freezes a debtor’s bank account, not when a debt collector sends a restraining notice to the bank. [read post]
11 Aug 2016, 10:03 am
Filing a proof of claim with a bankruptcy court representing a debt subject to an expired state law limitations period does not violate the federal Fair Debt Collection Practices Act (FDCPA) under an opinion released yesterday from the Seventh Circuit Court of Appeals. [read post]
26 Apr 2018, 6:46 am
Court of Appeals for the Eighth Circuit recently joined with the Third, Fourth, Sixth, Seventh, and Ninth Circuits in applying a materiality standard to section 1692e of the federal Fair Debt Collection Practices Act (FDCPA). [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]
18 Aug 2017, 11:36 am
District Court for the Eastern District of New York recently granted in part and denied in part a mortgage servicer’s motion to dismiss a borrower’s claim that the servicing transfer notice supposedly violated the federal Fair Debt Collection Practices Act (FDCPA) because it allegedly did not disclose that the debt was increasing due […] Amy Jonker [read post]
7 Jun 2016, 5:19 am
Court of Appeals for the Seventh Circuit recently held that the federal Fair Debt Collection Practices Act (FDCPA) does not prohibit debt collectors from filing a collection lawsuit without intending to proceed to trial to obtain a judgment. [read post]
30 Nov 2015, 5:04 am
In an action alleging that the defendants violated the federal Fair Debt Collection Practices Act (FDCPA) by sending a form letter attempting to collect on allegedly time-barred debts, the U.S. [read post]
7 Dec 2015, 4:56 am
The Appellate Division of the Fifteenth Judicial Circuit of the State of Florida recently reversed dismissal of a federal Fair Debt Collection Practices Act (FDCPA) claim alleging a debt collector’s letter falsely represented a bank was the creditor of a loan. [read post]
16 Nov 2015, 8:20 am
Those amendments potentially expanded sections of the ICAA to commercial debt and would require disclosures contrary to (and possibly in violation of) the federal Fair Debt Collection Practices […]Eric Rosenkoetter [read post]
12 Apr 2017, 8:56 am
Court of Appeals for the Second Circuit recently reinstated a complaint alleging a debt collector violated the federal Fair Debt Collection Practices Act when it sent a payoff statement containing unaccrued fees and costs without providing any information as to how those fees were calculated or any basis for those fees and costs. [read post]
14 Jul 2016, 6:33 am
Court of Appeals for the Eleventh Circuit recently reversed in part a trial court’s ruling granting summary judgment in favor of a debt buyer, its affiliated debt collector and their parent company, holding that a reasonable jury could find that the defendants willfully violated section 1681s-2(b) of the federal Fair Credit Reporting Act […]Christopher P. [read post]
26 Apr 2018, 6:46 am
Court of Appeals for the Eighth Circuit recently joined with the Third, Fourth, Sixth, Seventh, and Ninth Circuits in applying a materiality standard to section 1692e of the federal Fair Debt Collection Practices Act (FDCPA). [read post]
1 Oct 2019, 6:50 am
The wife wanted to sell the home, but the husband did not and sought to buy the wife’s share of the property, but the parties could not agree on a fair amount. [read post]
5 Nov 2010, 5:55 am
If you really want to succeed in this business, don't stray outside of the Fair Debt Collection Practices Act. [read post]
5 Nov 2010, 12:55 am
If you really want to succeed in this business, don’t stray outside of the Fair Debt Collection Practices Act. [read post]
17 Oct 2019, 12:01 pm
The case involves the Fair Debt Collection Practices Act and concerns a person who had a judgment entered against him without his knowledge as the result of his credit card debt. [read post]
9 Jul 2012, 4:41 am
This case[1] affirms the prevailing rule that even compliance with state-court law or practice can be violative of the Fair Debt Collection Practices Act ("FDCPA"). [read post]
10 Aug 2011, 12:28 pm
Because determining the fair market value of an asset will show whether or not the asset has any equity. [read post]
17 Mar 2010, 1:31 pm
Under these circumstances, FFC's conduct was unjust and unfair, and in violation of public policy as well as the Fair Debt Collection Practices Act. [read post]