Posts tagged with: "FDCPA"
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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]
1 Jan 2013, 1:21 am
Stop FDCPA Violations The Federal Trade Commission (FTC) oversees and regulates violations of the Fair Debt Collection Practices Act (FDCPA), which is a law intended to protect consumers from potentially abusive and harassing behaviors of collectors out to collect a debt. [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]
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]
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]
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]
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]
15 Feb 2016, 5:52 am
District Court for the District of Oregon recently granted summary judgment in favor of a debt collector, ruling that the collector’s voice mail messages for the debtor did not unlawfully communicate with a third party under the federal Fair Debt Collection Practices Act (FDCPA) and related state law, because the collector could not […]Stuart Miles [read post]
5 Mar 2021, 10:27 am
Court of Appeals for the Fifth Circuit recently affirmed the dismissal of a debtor’s claims against a debt collector alleging that a telephone call placed to his sister constituted an improper third-party communication in connection with the collection of a debt, in violation of the federal Fair Debt Collection Practices Act (FDCPA). [read post]
16 Feb 2016, 10:39 am
Court of Appeals for the Seventh Circuit recently upheld the dismissal of allegations that two letters sent to the consumer’s counsel violated the federal Fair Debt Collection Practices Act (FDCPA), reiterating that its “competent attorney” standard applies regardless of whether a statement to the consumer’s counsel is false, misleading or deceptive. [read post]
3 Apr 2018, 11:36 am
District Court for the Eastern District of New York dismissed an FDCPA Avila claim involving potential future fees and costs in Derosa v. [read post]
13 Jun 2017, 11:39 am
Supreme Court offered some clarity to the financial services industry seeking to assess debt purchaser FDCPA liability. [read post]
5 Mar 2018, 5:56 am
Court of Appeals for the Third Circuit held that a collection letter sent to collect a time-barred debt that makes a “settlement offer” to accept payment “in settlement of” the debt could potentially violate the federal Fair Debt Collection Practices Act’s (FDCPA) general prohibition against “any false, deceptive, or misleading representation or means Read more → Jeffrey Karek [read post]
28 Mar 2018, 8:02 am
District Court for the Southern District of Florida recently granted summary judgment in favor of a defendant debt collector in a putative class action alleging violations of sections 1692g and 1692e of the federal Fair Debt Collection Practices Act (FDCPA), holding that the “debt validation notice” letter at issue was neither confusing nor Read more → Hector E. [read post]
15 Dec 2015, 8:44 am
Court of Appeals for the Seventh Circuit recently reversed a district court’s denial of class certification in a putative class action alleging that a debt collector violated the federal Fair Debt Collection Practices Act (FDCPA) by sending supposedly misleading letters to Illinois residents trying to collect time-barred debts. [read post]
30 Nov 2015, 5:04 am
In an action alleging that the defendants violated the federal Fair Debt Collection Practices Act (FDCPA) by sending a form letter attempting to collect on allegedly time-barred debts, the U.S. [read post]
7 Apr 2016, 11:17 am
Court of Appeals for the Second Circuit recently vacated the dismissal of federal Fair Debt Collection Practices Act (FDCPA) allegations that a debt collector’s notice stating the “current balance” of the debt without disclosing that the balance may increase over time due to interest and fees was “misleading” within the meaning of Section […]Stuart Miles [read post]
