Posts tagged with: "FDCPA"
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1 Jul 2009, 10:03 pm
First Amendment challenge to FDCPA rejected: In the first published appellate decision on point, the Sixth Circuit yesterday rejected a challenge to the Fair Debt Collection Practices Act (as applied to misrepresentations made in state-court litigation) under the First Amendment and the Noerr-Pennington doctrine. [read post]
19 Feb 2012, 9:40 am
Our office has some test suits filed currently for violations of the FDCPA by mortgage servicers which have contacted our clients after we sent protection letters and will keep our readers informed as those cases develop. [read post]
25 Jan 2019, 12:08 pm
Matters Set for January 2019 Oral Argument The following matters are scheduled for oral argument during this first hearing session of the year: • MDL No. 2875 – In Re: Valsartan N-Nitrosodimethylamine (NDMA) Contamination Products Liability Litigation • MDL No. 2876 – In Re: Enhanced Recovery Company, LLC, Fair Debt Collection Practices Act (FDCPA) Litigation • MDL No. 2877 – In Re: Air Crash at Durango, Mexico, on July 31, 2018 • MDL No. 2878– In… [read post]
22 Jan 2008, 8:44 am
Credit card companies get sued routinely for violations of such acronyms as the Truth in Lending Act (TILA), Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), Deceptive Trade Practices Act (DTPA), and a variety of other state and federal laws. [read post]
10 Mar 2024, 12:57 pm
Congress said yes, inserting a private right of action in the Fair Debt Collection Practices Act (FDCPA). [read post]
18 Sep 2019, 8:28 am
We argued that by charging more than was allowed under the criminal usury statute, Midland was violating the Fair Debt Collection Practices Act (FDCPA), which is a federal law that prohibits false, deceptive, and unfair debt collection, as well as New York General Business Law §349, which makes it illegal for any business to engage in a deceptive act or practice in the conduct of business. [read post]
10 Jun 2008, 5:17 pm
Credit card companies get sued routinely for violations of such acronyms as the Truth in Lending Act (TILA), Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), Deceptive Trade Practices Act (DTPA), and a variety of other state and federal laws. [read post]
4 Oct 2014, 12:48 pm
The FDCPA only applies to lawsuits that are filed by a third party, such as a law firm. [read post]
8 Mar 2019, 5:00 am
Weltman’s law firm defeated a lawsuit filed against it by the CFPB that alleged the law firm’s debt collection letters violated the FDCPA and CFPA.) [read post]
7 Mar 2011, 6:20 pm
Pete Barry, an FDCPA attorney out of Minneapolis, gives out his creditor call logs for free here. [read post]
22 Apr 2007, 6:14 am
Credit Recovery, which appears to indicate that at least some federal statutes forbid reliance on captions:First, defendants argue that we need not resort to ordinary usage because the FDCPA does in fact define the term "disputed debts. [read post]
22 Jan 2008, 8:40 am
Credit card companies get sued routinely for violations of such acronyms as the Truth in Lending Act (TILA), Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), Deceptive Trade Practices Act (DTPA), and a variety of other state and federal laws. [read post]
28 May 2020, 10:52 am
If CRAs are not allowed to notify debt collectors of a bankruptcy that arose from the pandemic (or any other “major disaster”), debt collectors may run afoul of the Fair Debt Collections Practices Act (“FDCPA”), 15 U.S.C.S. [read post]
7 Jul 2013, 9:31 am
In Texas these questions are governed by the Texas Debt Collection Act (TDCA) and Federal Debt Collection Practices Act (FDCPA) and many other areas of Texas state law governing the contractual and financial relationship between you, the debtor, and the credit card company/bank, the creditor. [read post]
9 Nov 2020, 11:13 am
The rule’s commentary makes clear that while not subject to a hard, numerical limitation, text messages and emails, either alone or in combination with other communication types, may result in harassment, and therefore, violate the FDCPA. [read post]
13 Dec 2021, 8:03 am
Debt collectors were found to have created a risk of a false representation or deceptive means to collect or attempt to collect a debt in violation of the FDCPA by representing to consumers that improvements to the consumers’ creditworthiness and deletion of a tradeline would occur upon making final payment under a restarted payment plan. [read post]
30 Jan 2024, 9:26 am
In December 2022, the Tenth Circuit agreed with Hunstein’s reasoning in another FDCPA case. [read post]
15 Sep 2017, 9:38 am
Debt Collection: According to the report, the CFPB uncovered various FDCPA violations in the course of examinations of larger participants in the debt collection market. [read post]
27 Oct 2016, 1:00 pm
The far-reaching implications of Spokeo will directly impact those in the consumer financial services industry, in particular, those that deal consistently with federal consumer protection statutes, for example the Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), Real Estate Settlement Procedures Act (RESPA) and Truth in Lending Act (TILA). [read post]
10 May 2024, 7:23 am
This rule comes on the heels of the CFPB and Federal Trade Commission (FTC) submitting an amicus brief in an Eleventh Circuit case, arguing that a mortgage company’s convenience fees are in reality “pay-to-pay fees” and are, therefore, “junk fees” in violation of the Fair Debt Collection Practices Act (FDCPA). [read post]
