Posts tagged with: "FDCPA"
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21 Apr 2010, 8:28 am
Carlisle [Cornell LII backgrounder; JURIST report] that a debt collector's legal error does not qualify for the bona fide error defense under the Fair Debt Collection Practices Act (FDCPA) [15 USC § 1692 text, PDF]. [read post]
13 Oct 2007, 10:04 am
As I previously wrote, the Fair Debt Collection Practices Act (”FDCPA”), 15 U.S.C. 1692d makes it unlawful for a debt collector to engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. [read post]
20 Aug 2020, 9:45 am
District Court for the District of New Jersey has denied a defendant’s motion to dismiss a putative statewide class action complaint that alleged that the defendant violated Section e(10) of the federal Fair Debt Collection Practices Act (FDCPA), which prohibits the “use of any false representation or deceptive means to collect or attempt... [read post]
26 Apr 2011, 12:27 pm
If the creditor knew about the bankruptcy, which is likely, then your bankruptcy attorney can actually sue the creditor for monetary damages due to FDCPA violations. [read post]
7 Feb 2022, 12:36 pm
The federal Fair Debt Collection Practices Act (“FDCPA”) prohibits debt collectors from engaging in abusive, harassing, and unfair debt collection practices. [read post]
13 Oct 2010, 9:34 am
Consumer Protection FDCPA; attorney fees Erik and Stacy Hanson appeal from orders granting their motion for summary judgment in part but denying them damages and attorney fees against the Madden Law Firm (MLF). [read post]
4 May 2011, 6:20 am
If the creditor knew about the bankruptcy, which is likely, then your bankruptcy attorney can actually sue the creditor for monetary damages due to FDCPA violations. [read post]
2 Jun 2010, 4:05 pm
Minn.) on a claim under the fair debt collection practices act (FDCPA), which regulates “debt collectors” (complaint: here; exhibits: here). [read post]
26 Mar 2012, 12:25 pm
Motz), allowed a Fair Debt Collection Practices Act (FDCPA) claim to proceed against a law firm that attempted to collect a debt after the debt had been discharged in bankruptcy. [read post]
4 Jan 2021, 7:31 am
Court of Appeals for the Seventh Circuit recently vacated a trial court’s order denying a debt collector’s motion to compel arbitration in a putative class action lawsuit filed by a consumer alleging violations of the federal Fair Debt Collection Practices Act (FDCPA), and remanded the case to the lower court with instructions to dismiss for lack of jurisdiction. [read post]
6 Jun 2017, 6:50 am
Court of Appeals for the Eleventh Circuit recently affirmed the dismissal of a complaint alleging violations of the federal Telephone Consumer Protection Act, the federal Fair Debt Collection Practices Act (FDCPA) and its analogue under Florida state law, because the plaintiff previously filed a separate lawsuit against the same defendant alleging violations of […] Eric Tsai [read post]
11 Feb 2011, 11:12 am
Consumer Protection FDCPA 15 U.S.C. 1692c(c) of the Fair Debt Collection Practices Act does not prohibit debt collectors from contacting a debtor’s legal counsel as well as the debtor himself, once the debtor refuses to pay. [read post]
17 Nov 2014, 10:51 am
It has been several months since the Eleventh Circuit handed down its decision holding that filing a proof of claim on “time-barred” debt violates the FDCPA. [read post]
8 Apr 2018, 11:56 pm
Court of Appeals for the Seventh Circuit recently affirmed a trial court’s summary judgment order in favor of a debt collector and against a debtor finding that the debt collector did not violate the federal Fair Debt Collection Practices Act (FDCPA) by only verifying the information Read more → Ernest Wagner [read post]
18 Nov 2021, 2:00 pm
"An interpretation [of the FDCPA] that penalizes a company for using modern technology is off-base," Perr said. [read post]
18 Jul 2017, 6:02 am
Court of Appeals for the Fifth Circuit recently affirmed summary judgment under the Fair Debt Collection Practices Act (FDCPA) in favor of the debtor and against a debt collector, where the debt collector failed to mark the debtor’s account as disputed when it credit reported the account. [read post]
13 Jun 2007, 4:57 am
Wolpoff & Abramson, No. 06-1458, that a debt collection law firm was not immune from suit under FDCPA claims of wrongful debt collection action. [read post]
30 Mar 2012, 6:13 am
Guy, Hal, Katherine & Rob bring you the following: –Trade Association Value –NCUA Board –Fraud prevention updates –CFPB report on FDCPA –FinCEN hijinx –Big K Roundup Subcribe to the show via iTunes Music Store:http://phobos.apple.com/WebObjects/MZStore.woa/wa/viewPodcast? [read post]
9 Jul 2015, 5:21 am
Court of Appeals for the Eighth Circuit recently affirmed the dismissal of a debtor’s federal Fair Debt Collection Practices Act (FDCPA), federal Fair Credit Reporting Act (FCRA), and state law claims where a debt collector for a major bank pulled the debtor’s credit report and served a garnishment summons after the debtor allegedly […]Andrew Chan [read post]
28 Feb 2009, 8:36 am
The Federal Trade Commission (FTC) this week recommended that debt collection laws, such as the Fair Debt Collection Practices Act (FDCPA), be overhauled and modernized to provide for more efficient disclosures, access to better information, and greater consumer protection. [read post]
