Posts tagged with: "Fair+Debt"
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15 Mar 2016, 4:29 am
Court of Appeals for the Third Circuit rejected allegations that two repossession companies violated the federal Fair Debt Collection Practices Act, holding that the companies had a right to repossess a vehicle as collateral for an unpaid loan. [read post]
4 Jan 2007, 6:05 am
New York, according to Vanity Fair's Maureen Orth, was Conrad Black's downfall. [read post]
21 Jul 2016, 7:41 am
Court of Appeals for the Eleventh Circuit recently held that a consumer alleging that she did not receive disclosures required by the federal Fair Debt Collections Practices Act (FDCPA) sufficiently alleged that she suffered a concrete injury, and thus satisfied the standing doctrine’s injury-in-fact requirement under Article III of […]Mickey J. [read post]
7 Mar 2016, 7:29 am
Court of Appeals for the Eleventh Circuit recently upheld the district court’s dismissal of a borrower’s amended complaint against a loan servicer alleging claims under the Fair Debt Collection Practices Act (FDCPA) and the Florida Consumer Collection Practices Act (FCCPA) for leaving a letter in the borrower’s mailbox, posting a letter to his […]Allison Hayes [read post]
6th Cir. Rejects FDCPA Allegations of State Procedural Violations, Misrepresentations, Citing Spokeo
2 May 2017, 7:12 am
Court of Appeals for the Sixth Circuit recently held that alleged violations of the federal Fair Debt Collection Practices Act (FDCPA) arising out of state procedural violations were not sufficient to confer subject matter jurisdiction without any corresponding concrete harm. [read post]
28 Dec 2015, 9:22 am
Resolving Complex Divorces For couples of high net worth, divorce is a very uncertain time, especially with regard to assets and debts. [read post]
10 Apr 2017, 9:14 am
Court of Appeals for the Ninth Circuit recently reversed the dismissal of a Fair Debt Collection Practices Act claim arising out of a non-judicial foreclosure. [read post]
11 Mar 2016, 8:09 am
District Court for the Southern District of Alabama recently granted summary judgment in favor of a mortgage loan servicer and the trustee of a mortgage backed securities trust in a putative class action alleging violations of the federal Fair Debt Collection Practices Act (FDCPA), ruling that the “bona fide error” defense applied to […]Charles Ochab [read post]
7 Feb 2020, 11:14 am
Laws ch. 93A, and the Massachusetts Fair Debt Collection Practices Act, Mass. [read post]
4 Dec 2015, 1:20 pm
Caroline Baum (Manhattan Institute), A Simple Solution to Corporate Tax Inversions Kay Bell (Don't Mess With Taxes), Private Tax Debt Collection, Tax-Related Passport Restrictions Are Part of Transportation Bill Baggage Bloomberg, Venture Capital Should Pay Its Fair Share of Taxes, Altman Says Chronicle of Philanthropy, Fidelity Charitable’s Executive Pay Strategy... [read post]
28 Feb 2017, 10:38 am
The Ninth Circuit Court of Appeals rejected a class action settlement as “worthless” for absent class members in a recent federal Fair Debt Collection Practices Act case. [read post]
17 Apr 2014, 10:31 am
While there are many reported cases discussing attorney fee awards to successful plaintiffs under the Fair Debt Collection Practices Act, fee awards for defendants who had to endure bad faith complaints are few and far between. [read post]
3 Apr 2010, 6:31 am
Then you’ve no doubt seen your fair share of late-night TV pitches to settle your tax debts for less than you owe. [read post]
21 Oct 2022, 9:13 am
Rago (Whether the court, in rendering the subsequent judgment of strict foreclosure, improperly exceeded the scope of the remand order in opening the judgment and making updated findings, sua sponte and without providing to the parties adequate notice and an opportunity to be heard, with respect to the fair market value of the property and the amount of the debt at issue); Wahba v. [read post]
6 Jun 2017, 6:50 am
Court of Appeals for the Eleventh Circuit recently affirmed the dismissal of a complaint alleging violations of the federal Telephone Consumer Protection Act, the federal Fair Debt Collection Practices Act (FDCPA) and its analogue under Florida state law, because the plaintiff previously filed a separate lawsuit against the same defendant alleging violations of […] Eric Tsai [read post]
10 Oct 2017, 8:27 am
The Supreme Court of Missouri recently affirmed, in part, a trial court order dismissing two debtors’ petitions attempting to assert violations of the federal Fair Debt Collection Practices Act and the Missouri Merchandising Practices Act against a hospital for failure to state a claim, holding that judgments in non-tort actions include post-judgment interest as a Read more → Ernest Wagner [read post]
10 Dec 2015, 7:27 am
District Court for the District of New Jersey recently dismissed a debtor’s claims for violations of the federal Fair Debt Collection Practices Act (FDCPA) and the New Jersey Truth in Consumer Contract Warranty and Notice Act (TCCWNA), holding the debtor’s failure to schedule his lawsuit as an asset of his bankruptcy estate deprived […]Brady Hermann [read post]
23 Feb 2022, 11:01 am
Court of Appeals for the Eighth Circuit recently reversed a trial court’s judgment in favor of a consumer for claims of alleged violation of the federal Fair Debt Collection Practices Act, finding that the consumer lacked Article III standing to bring his claim in federal court as the consumer failed to allege or later show a concrete injury in fact. [read post]
17 Aug 2023, 11:26 am
Court of Appeals for the Seventh Circuit recently affirmed the dismissal of a debtor’s federal Fair Debt Collection Practices Act lawsuit for lack of Article III standing. [read post]
25 Nov 2014, 7:15 pm
Suesz 14-370 Issue: Whether the term “judicial district” in section 1692i of the Fair Debt Collection Practices Act should be defined with respect to state law, by determining the smallest unit into which the state consistently and uniformly divides itself (as is the rule in the Second Circuit), or whether the term should be given a federal common law definition that asks what is the smallest geographic area relevant for state court venue (as held by the Seventh Circuit… [read post]
