Posts tagged with: "FDCPA"
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11 Apr 2007, 6:09 am
Defense attorneys also moved for summary judgment with respect to the balance of plaintiff's FDCPA claims. [read post]
24 Dec 2009, 10:23 pm
A South Jersey woman sued Midland Funding, LLC alleging that it violated the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692, et seq. [read post]
16 Jan 2015, 6:00 am
In reversing, the Sixth Circuit noted three points about the letter and the FDCPA. [read post]
26 Oct 2007, 9:56 am
Finally, the Seventh Circuit held that a district court may dismiss as a matter of law a claim of deception under the FDCPA. [read post]
27 May 2021, 2:36 pm
Accordingly, the panel concluded that the plaintiff had standing because the FDCPA violation that he alleged constituted a concrete injury. [read post]
22 Aug 2016, 5:00 am
If the debt was incurred for a business, the FDCPA doesn’t apply. [read post]
25 Aug 2022, 6:02 am
District Court for the District of Massachusetts recently denied a motion to dismiss FDCPA and Mass. [read post]
11 Jul 2019, 8:04 am
In this podcast, we look at the changes to the FDCPA validation notice that the CFPB’s proposed debt collection rules would make and discuss compliance challenges and other issues raised by the changes, including the requirement to itemize the debt, the dispute “tear-off” form, the option to provide Spanish and other foreign language translations of the notice, and electronic delivery of the notice. [read post]
22 Mar 2021, 7:09 am
Court of Appeals for the Third Circuit recently held that a debt collector did not violate the federal Fair Debt Collection Practices Act (FDCPA) when it sent a consumer a collection letter inviting her to “eliminate further collection action” by calling the company, when in fact only written communication could legally stop collection activity. [read post]
24 Oct 2016, 8:57 am
Court of Appeals for the Fourth Circuit recently confirmed that a law firm and its employees, who pursued foreclosure on behalf of creditors, were acting as “debt collectors” under the federal Fair Debt Collection Practices Act (FDCPA) when they pursued foreclosure proceedings against a borrower. [read post]
11 Jul 2016, 8:14 am
District Court for the Eastern District of New York recently granted summary judgment in favor of a debt collector, holding that the debt collector did not violate the federal Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. [read post]
28 Sep 2017, 8:01 am
Court of Appeals for the Eleventh Circuit recently held that a voicemail from a debt collector that merely asks for the debtor to call back constitutes an initial communication under the federal Fair Debt Collection Practices Act (FDCPA) requiring the so-called “mini-Miranda” warning. [read post]
7 Apr 2021, 2:10 pm
Court of Appeals for the Ninth Circuit recently reversed a trial court’s dismissal of allegations that the defendant violated the federal Fair Debt Collection Practices Act (FDCPA) by sending a collection letter threatening litigation over a time-barred or "out-of-statute" debt and filing a lawsuit seeking to collect the debt. [read post]
17 Jun 2011, 1:27 pm
One possible reason behind these kinds of incidents is because of the obsolete nature of the FDCPA. [read post]
16 Nov 2020, 3:00 pm
The plaintiff filed a complaint alleging violations of the FDCPA and moved for summary judgment. [read post]
31 Jul 2011, 6:00 pm
If your rights have been violated, see an experienced consumer attorney for guidance about whether the FDCPA can be of assistance to you. photo: istockphoto.com [read post]
15 Jun 2023, 2:02 pm
Court of Appeals for the Seventh Circuit has ruled that a plaintiff in a putative class action had standing to assert FDCPA claims against the purchaser of her debt and the purchaser’s servicer based on the $3.95 she paid in postage to respond to a second validation letter after she had already responded to the first validation notice.... [read post]
2 Aug 2007, 5:06 am
That is great news for defense counsel in FDCPA litigation. [read post]
9 Dec 2008, 12:15 pm
Accordingly, the federal court granted the defense motion to dismiss certain claims in the class action complaint, but denied the motion as to the FDCPA claim, id., at 1280.Download PDF file of Gaisser v. [read post]
5 May 2010, 11:01 pm
We have a Frequently Asked Questions (FAQ) on the FDCPA which you are welcome to review. [read post]
