Posts tagged with: "FDCPA"
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19 Nov 2015, 4:24 am
Court of Appeals for the Sixth Circuit recently affirmed judgment on the pleadings in favor of a debt collector because the voicemail in question, which was left at the plaintiff’s business, was not a “communication” as defined by the federal Fair Debt Collection Practices Act (FDCPA) because it did not convey information about […]Andrew Chan [read post]
8 May 2023, 7:04 am
The Superior Court of Pennsylvania, an intermediate appellate court, recently affirmed a trial court's order sustaining preliminary objections to a complaint alleging violations of Pennsylvania's Fair Credit Extension Uniformity Act (FCEUA), which incorporates by reference the federal Fair Debt Collection Practices Act (FDCPA). [read post]
30 Jul 2018, 12:03 pm
Court of Appeals for the Eighth Circuit recently held that seeking to collect compound interest in violation of state usury law results in a misrepresentation of the amount of a debt in material violation of the federal Fair Debt Collection Practices Act (FDCPA). [read post]
6 Mar 2023, 11:00 am
Court of Appeals for the Sixth Circuit recently reversed a trial court's dismissal of a consumer’s federal Fair Debt Collection Practices Act claim, and held that the FDCPA claim actually fell within the statute of limitations. [read post]
26 Jan 2016, 4:36 am
District Court for the Middle District of Florida recently dismissed allegations that a debt buyer violated the federal Fair Debt Collection Practices Act by filing a proof of claim on time-barred debt, holding that such claims are precluded by the Bankruptcy Code, and that the FDCPA does not provide a private right of […]Christopher P. [read post]
17 Jul 2020, 6:04 am
Court of Appeals for the Ninth Circuit recently affirmed the dismissal of a borrower’s complaint under the federal Fair Debt Collection Practices Act arising from a judicial foreclosure proceeding in Oregon, holding that the defendants were not attempting to collect a debt within the meaning of the FDCPA when only foreclosure was sought and not a deficiency judgment. [read post]
14 Aug 2019, 11:50 am
The permissibility of that approach under the FDCPA was called into question by the decision issued last week by the U.S. [read post]
26 Sep 2008, 5:17 am
., L.L.C. for allegedly violating the Fair Debt Collection Practices Act (FDCPA). [read post]
29 Mar 2007, 11:30 am
Note that, under the 2006 amendments to FDCPA a formal court "pleading" does not constitute a communication from a debt collector. [read post]
16 Jun 2012, 5:46 am
Nevertheless, recognizing that the FDCPA itself can be read to imply that a debtor must dispute a debt in writing, the Ninth Circuit held that there is a violation of the FDCPA only where the debt validation notice expressly requires the dispute be in writing. [read post]
17 Nov 2016, 5:22 am
., a FDCPA case on appeal to the U. [read post]
14 Oct 2007, 5:50 am
Intellerisk was violating the FDCPA by using a false name on debtors' caller i.d.s. [read post]
17 Aug 2015, 9:56 am
The Maryland Court of Special Appeals recently declined to adopt the standard for FDCPA claims based on alleged insufficient attorney involvement in debt collection litigation. [read post]
26 Jul 2018, 2:33 pm
., found that the CFPB had failed to prove its FDCPA and CFPA claims by a preponderance of the evidence. [read post]
9 Jan 2010, 12:14 pm
Sure there are other FDCPA blogs out there. [read post]
31 Aug 2016, 9:01 am
In situations where the prohibitions of the FDCPA apply, a conflict arises between the requirements under the 2016 Servicing Final Rule and the FDCPA. [read post]
8 Nov 2018, 5:52 am
Court of Appeals for the Seventh Circuit held that a plaintiff’s oral testimony that a $100 payment was demanded of her in violation of the federal Fair Debt Collection Practices Act (FDCPA) was insufficient to withstand summary judgment where the debt collector defendant… Jeffrey Karek [read post]
3 Sep 2019, 7:58 am
Court of Appeals for the Seventh Circuit recently affirmed judgment in favor of two debt collectors and against a debtor for his claims arising under the federal Fair Debt Collection Practices Act (FDCPA) and the Wisconsin Consumer Act (WCA). [read post]
26 Apr 2018, 6:46 am
Court of Appeals for the Eighth Circuit recently joined with the Third, Fourth, Sixth, Seventh, and Ninth Circuits in applying a materiality standard to section 1692e of the federal Fair Debt Collection Practices Act (FDCPA). [read post]
12 Jun 2017, 8:53 am
The issue before the Court was whether a purchaser of defaulted debt meets the FDCPA’s definition […] Donald Maurice [read post]
