Posts tagged with: "Fair+Debt"
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31 Mar 2009, 7:41 am
Attorney Berliner, on behalf of his client, Panek, sued Delta Management Associates, Inc. and others for violating the automatic stay and the Fair Debt Collections Practices Act for withdrawing money [...] [read post]
16 Jan 2023, 5:59 am
Court of Appeals for the Second Circuit recently affirmed a trial court’s order granting summary judgment in favor of a credit reporting agency and ruled that reporting a student loan debt that was discharged in bankruptcy as “due and owing” is not cognizable as an “inaccuracy” under the federal Fair Credit Reporting Act. [read post]
21 Mar 2019, 8:12 am
McCarthy & Holthus LLP on March 20, ruling the federal Fair Debt Collection Practices Act does not cover persons engaged in “non-judicial foreclosures” except with respect to a single provision contained in the FDCPA. [read post]
31 Dec 2019, 9:25 am
At the federal level, proposed rules for the Fair Debt Collection Practices Act were (finally) released and California also proposed regulations under the California Consumer Privacy Act. [read post]
17 Mar 2011, 11:23 am
Consumer Protection FDCPA The Fair Debt Collection Practices Act does not extend to communications meant to mislead a judge, rather than the consumer. [read post]
6 Jul 2016, 9:05 am
The federal Consumer Financial Protection Bureau (CFPB) recently issued its “Supervisory Highlights – Issue 12, Summer 2016” report, focusing attention on automobile origination, debt collection, mortgage origination, small dollar lending, fair lending, and remedial actions, reflecting supervisory activity generally completed between January 2016 and April 2016. [read post]
9 May 2007, 4:11 pm
The question whether mediation should be "fair" or "just" elicited the following thoughtful response from one of our attorney readers, who, as you can tell from the context, primarily represents plaintiffs seeking to recover commercial debts allegedly owed by individuals and small businesses. [read post]
21 Oct 2020, 1:10 pm
§ 9-2- 61, did not save a claim that is otherwise time-barred under the federal Fair Debt Collection Practices Act (FDCPA). [read post]
5 Mar 2008, 7:59 pm
Rezko a fair market price. [read post]
11 May 2020, 9:17 am
Court of Appeals for the Ninth Circuit recently reversed the dismissal of a trustee borrower’s claims under the federal Truth-In-Lending Act, Real Estate Settlement Procedures Act, and California’s Rosenthal Fair Debt Collection Practices Act seeking rescission of a loan obtained to effectuate repairs upon a property inhabited by the trust’s beneficiary. [read post]
31 May 2016, 5:18 am
Court of Appeals for the Eleventh Circuit recently held that a collection letter sent to the consumer’s attorney is a “communication with a consumer” within the meaning of §1692g of the federal Fair Debt Collection Practices Act (FDCPA). [read post]
10 May 2018, 1:16 pm
Court of Appeals for the Ninth Circuit recently rejected a so-called “flat-rating” claim, holding that a company that sent letters demanding that hospital patients pay their overdue medical bills did not create a false or misleading impression that the company was actually participating in collecting the debts in violation of the federal Fair Read more → Eric Tsai [read post]
13 Oct 2010, 9:34 am
MLF cross appeals the order determining that it violated the federal Fair Debt Collection Practices Act, 15 U.S.C. [read post]
17 Aug 2015, 7:10 am
Court of Appeals for the Second Circuit recently reversed the dismissal of a consumer’s claim alleging that a mortgage loan servicer violated the federal Fair Debt Collection Practices Act by sending a servicing transfer notice that did not contain the disclosures required under the FDCPA, 15 U.S.C. 1692g. [read post]
9 Sep 2010, 6:05 pm
In this segment, I describe the tools available to divorce attorneys to ensure that there has been a full and fair disclosure of all assets, income and debts. [read post]
15 Dec 2016, 7:38 am
District Court for the District of New Jersey recently ruled that 18 telephone calls to a consumer over a two-week period – of which 17 were unanswered, and the last where the consumer hung up – did not violate the federal Fair Debt Collection Practices Act (FDCPA). [read post]
8 Jun 2015, 7:56 am
Court of Appeals for the Third Circuit recently reversed the dismissal of a borrower’s claims under the Federal Fair Debt Collection Practices Act against a foreclosure law firm, holding that not-yet-incurred fees pled in foreclosure complaint — without conveying that the fees were estimates or imprecise amounts — could constitute an actionable misrepresentation. [read post]
10 Apr 2023, 4:54 am
Court of Appeals for the Sixth Circuit recently held that a consumer plaintiff had Article III standing to sue because his federal Fair Debt Collection Practices Act claim was similar to a common law "intrusion upon seclusion" claim, even though it involved only a single unwanted call. [read post]
16 Feb 2018, 11:53 am
Court of Appeals for the Sixth Circuit in a case involving the Fair Debt Collection Practices Act. [read post]
2 Apr 2020, 10:00 am
Nearly 30 years after authoring an opinion that has been rejected by the Second, Fourth and Ninth Circuits and ignored by the First, Fifth, Sixth and Seventh Circuits, the Third Circuit finally acknowledged that its original interpretation of 15 U.S.C. 1692g(a)(3) of the Fair Debt Collection Practices Act was wrong. [read post]
