Search for: "Ernest Wagner"
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24 May 2021, 8:09 am
Ernest Wagner [read post]
17 Jun 2019, 4:16 am
Court of Appeals for the Seventh Circuit recently affirmed a trial court’s ruling that a debtor lacked Article III standing to sue a debt collector for failing to notify her in its debt validation letter that to trigger the federal Fair Debt Collection… Ernest Wagner [read post]
15 Feb 2019, 9:05 am
In so ruling,… Ernest Wagner [read post]
14 Nov 2018, 7:18 am
Court of Appeals for the First Circuit recently held that, at least under the Massachusetts version of the UCC, automobile post-repossession and post-sale notices must expressly advise the borrower that any deficiency will be calculated using the difference between the amount owed on… Ernest Wagner [read post]
11 Jun 2019, 3:00 pm
Court of Appeals for the Seventh Circuit recently affirmed two trial court rulings in favor of a debt collector and against the debtors holding that correspondence which identified “the name of the creditor to whom the debt is owed” as the original creditor… Ernest Wagner [read post]
7th Cir. Holds Plaintiff’s Settlement of Parallel Claim Against Another Defendant Mooted FDCPA Claim
6 Sep 2018, 2:09 pm
Court of Appeals for the Seventh Circuit recently reversed a judgment against a debt collector, finding that the plaintiff’s settlement with the creditor for the same indivisible injury mooted the plaintiff’s federal Fair Debt Collection Practices Act (FDCPA) claims for statutory damages, attorneys’… Ernest Wagner [read post]
14 Jun 2018, 7:27 am
Utah, 414 U.S. 538 (1974), does not toll a subsequent class action after the statute… Ernest Wagner [read post]
22 Feb 2019, 7:47 am
Court of Appeals for the Seventh Circuit reversed a trial court judgment in favor of a borrower and against a debt collector, and ruled that reporting to a credit reporting agency that a debtor owed nine unpaid bills of $60 instead of one… Ernest Wagner [read post]
18 Mar 2019, 7:41 am
Bank National Association is available at:… Ernest Wagner [read post]
15 Jul 2019, 7:39 am
Court of Appeals for the Second Circuit affirmed the dismissal of a case for lack of jurisdiction because when the plaintiffs withdrew their class action allegations in an amended complaint, the withdrawal divested the court of jurisdiction under the federal Class Action Fairness… Ernest Wagner [read post]
6 Dec 2018, 1:29 pm
District Court for the Northern District of Illinois recently held that the defendant company did not use an automatic telephone dialing system (ATDS) because its phone system did not use a random or sequential number generator to store or produce phone numbers to… Ernest Wagner [read post]
16 Nov 2018, 6:58 am
Court of Appeals for the Second Circuit held that when a debt collector did not seek to collect fees and interest after default, its letter to a borrower that did not state whether fees and interest continued to accrue… Ernest Wagner [read post]
26 Feb 2019, 12:31 pm
Court of Appeals for the Seventh Circuit affirmed a trial court judgment in favor of an online real estate marketplace company and against the sellers of real property, finding that an estimate on the website of their property’s value did not violate the… Ernest Wagner [read post]
8 Mar 2019, 6:37 am
… Ernest Wagner [read post]
27 Apr 2020, 7:16 am
Ernest Wagner [read post]
25 Oct 2018, 11:37 am
… Ernest Wagner [read post]
4 Dec 2017, 7:49 am
Accordingly, Read more → Ernest Wagner [read post]
10 Dec 2018, 9:32 am
Court of Appeals for the Third Circuit held that a title insurer under Pennsylvania state law only had a duty to defend its insured lender for the covered claims alleged in the four corners of a borrower’s complaint, not for all alleged claims… Ernest Wagner [read post]
1 May 2019, 8:11 am
Court of Appeals for the Eighth Circuit affirmed a trial court’s judgment against a guarantor holding that a guaranty signed upon the advice of his financial advisor was binding even if he did not know the amount of the debt because he understood… Ernest Wagner [read post]
26 Aug 2019, 12:59 pm
In so ruling, the Court held that res judicata should not apply in this case because in the… Ernest Wagner [read post]
