Posts tagged with: "FDCPA"
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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]
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]
23 Mar 2020, 7:18 am
Court of Appeals for the Sixth Circuit recently reversed the dismissal of a consumer’s Fair Debt Collection Practices Act (FDCPA) claim based on debt collection information that was visible through a transparent window on two debt collection letters. [read post]
8 Jan 2021, 8:23 am
Court of Appeals for the Sixth Circuit recently held that the plain language of 15 U.S.C. 1692f(8), a provision of the Fair Debt Collection Practices Act (FDCPA) regulating what may be shown on an envelope when a debt collector communicates with a consumer by mail, does not include a “benign language” exception. [read post]
27 Jan 2021, 1:50 pm
Court of Appeals for the Seventh Circuit recently vacated judgment in favor of a debt collector against putative class action claims raised by a consumer that its collection letter violated the federal Fair Debt Collection Practices Act (FDCPA) by threatening action that could not legally be taken and amounting to a false representation. [read post]
14 Dec 2020, 7:59 am
Court of Appeals for the Ninth Circuit recently reversed an award of summary judgment in favor of a defendant debt collector against claims that it violated the federal Fair Debt Collection Practices Act (FDCPA) by attempting to collect a debt that was discharged in bankruptcy and no longer owed. [read post]
4 Aug 2020, 8:33 am
Court of Appeals for the Seventh Circuit recently affirmed the dismissal of consumers’ claims that a debt collector's separate reporting of debts accrued for medical services, rather than aggregated together, violated the federal Fair Debt Collection Practices Act (FDCPA). [read post]
13 Apr 2020, 8:00 am
Court of Appeals for the Seventh Circuit recently held that in the absence of an FDCPA-specific rule regarding “present right to possession,” the Court must look to state law to determine whether a repossessor has a present right to possess the property at the time it was seized. [read post]
21 Sep 2020, 8:22 am
Court of Appeals for the Second Circuit recently held that a debt collector did not violate the federal Fair Debt Collection Practices Act (FDCPA) where it unintentionally sent a valid debt collection communication to a non-debtor. [read post]
18 Jan 2021, 7:14 am
Court of Appeals for the Seventh Circuit recently affirmed the dismissal of consumers’ claims that a collection letter used false, deceptive, or misleading representations, or otherwise unfair or unconscionable methods to collect a debt, in supposed violation of sections 1692e and 1692f of the federal Fair Debt Collection Practices Act (FDCPA). [read post]
30 Jun 2022, 7:26 am
Second, the debt collection laws of many states broadly apply the FDCPA’s prohibitions to first-party collections and other persons engaging in collection activity who are not “debt collectors” under the FDCPA. [read post]
17 Aug 2021, 6:22 am
Constitution provides immunity to debt collectors from FDCPA claims. [read post]
6 Apr 2016, 7:17 am
To advance these goals, the FDCPA encourages the involvement of attorneys. [read post]
14 Apr 2011, 6:44 am
A debt collector who attempted to collect a debt barred by a New Jersey statute of limitation did not violate the FDCPA by simply demanding payment of the debt, as held by the Third Circuit’s decision in Huertas v. [read post]
29 Nov 2013, 1:10 pm
FDCPA When do attorneys face liability under the federal Fair Debt Collection Practices Act? [read post]
26 Oct 2020, 4:00 am
Client Services Inc., another FDCPA case in which the Bureau also filed an amicus brief in support of the debt collector. [read post]
8th Cir. Distinguishes ‘Article III’ and ‘Statutory’ Standing in FDCPA ‘Third Party Disclosure’ Case
9 Sep 2022, 7:04 am
Court of Appeals for the Eighth Circuit recently affirmed the judgment of a trial court and held that non-consumers cannot bring a claim under Section 1692c(b) of the federal Fair Debt Collection Practices Act (FDCPA). [read post]
18 Apr 2016, 9:00 am
In a federal Fair Debt Collection Practices Act (FDCPA) lawsuit, the U.S. [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]
13 Jul 2016, 3:04 am
Court of Appeals for the Eighth Circuit recently held that “[a]n accurate and complete proof of claim on a time-barred debt is not false, deceptive, misleading, unfair, or unconscionable under the FDCPA. [read post]
