Posts tagged with: "FDCPA"
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ND Indiana Grants Class Cert. Over Objections as to Standing, Commonality of Injury, ‘Consumer’ Debt
28 May 2018, 8:39 am
District Court for the Northern District of Indiana recently concluded that the objective “unsophisticated consumer” standard applicable in the Seventh Circuit for whether there was a material misrepresentation under the federal Fair Debt Collection Practices Act (FDCPA) parallels the commonality requirement for class certification under Fed. [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]
17 Mar 2011, 11:23 am
Consumer Protection FDCPA The Fair Debt Collection Practices Act does not extend to communications meant to mislead a judge, rather than the consumer. [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]
11 Sep 2019, 1:20 pm
District Court in Greenbelt, alleges Dugan, McKissick & Longmore LLC violates the Fair Debt Collection Practices Act (FDCPA) by demanding payment during an ... [read post]
28 Jul 2016, 8:16 am
The FDCPA regulates the practices of debt collectors, primarily persons who collect consumer debt on behalf of others and sometimes persons who purchase defaulted consumer debts. [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]
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]
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]
29 Mar 2018, 1:15 pm
Riexinger & Associates, LLC, the Second Circuit Court of Appeals has issued a critical blow to a recent spate of FDCPA lawsuits attempting to create liability out of thin air. [read post]
27 Jan 2016, 10:03 am
A recent decision from a United States Bankruptcy Court in the Northern District of Illinois provides a detailed analysis of why proofs of claim on “time-barred” debt do not violate the federal Fair Debt Collection Practices Act (FDCPA) or the Bankruptcy Code. [read post]
23 Feb 2011, 12:52 pm
Below is the 2006 FDCPA. [read post]
8 May 2017, 6:56 am
Court of Appeals for the Eleventh Circuit recently affirmed the dismissal of a mortgage loan borrower’s federal Fair Debt Collection Practices Act and related state law claims because the defendant mortgagee was not a “debt collector” as defined by the FDCPA. [read post]
8 Oct 2007, 7:07 pm
As I previously wrote, the Fair Debt Collection Practices Act (”FDCPA”), 15 U.S.C. 1692c(b), only allows a debt collector to contact third parties in very limited circumstances. [read post]
18 Jul 2023, 8:21 am
The Consumer Financial Protection Bureau, the California Department of Financial Protection and Innovation (CA DFPI), and ten state Attorneys General have filed a lawsuit against Prehired, LLC (Prehired) and two related companies, Prehired Recruiting, LLC and Prehired Accelerator, LLC, alleging that the companies violated the Consumer Financial Protection Act (CFPA), the Truth in Lending Act (TILA), and the Fair Debt Collection Practices Act (FDCPA) in connection with offering and… [read post]
9 Dec 2018, 2:47 pm
The Fair Debt Collection Practices Act (“FDCPA”) provides that a debt collector’s initial written communication to the consumer MUST effectively convey the following information: Amount of the debt; Continue reading → The post Do I Have a Right to Demand Validation of a Debt? [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]
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]
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]
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]
