Posts tagged with: "FDCPA"
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20 Jul 2021, 8:16 am
Court of Appeals for the Eighth Circuit recently affirmed entry of summary judgment in favor of a mortgage servicer against a borrower’s claims that it violated the federal Fair Debt Collection Practices Act (FDCPA). [read post]
10 Dec 2019, 7:43 am
Here’s the first paragraph of Justice Thomas’s opinion for the Court: The Fair Debt Collection Practices Act (FDCPA) authorizes private civil actions against debt collectors... [read post]
24 Aug 2022, 8:54 am
Court of Appeals for the Fifth Circuit recently reversed the class certification order of a trial court, finding sua sponte that the plaintiff lacked standing to bring a claim against a debt collection law firm under the federal Fair Debt Collection Practices Act (FDCPA). [read post]
9 Sep 2019, 3:11 pm
Court of Appeals for the Third Circuit recently held that a debt collector violated the federal Fair Debt Collection Practices Act (FDCPA) when the envelope it sent to a debtor displayed an unencrypted code that revealed the debtor’s account number when scanned. [read post]
15 Feb 2021, 7:53 am
Court of Appeals for the Seventh Circuit recently affirmed the dismissal of a consumer’s claims under the federal Fair Debt Collection Practices Act (FDCPA) for failing to sufficiently allege a concrete injury to confer standing under Article III. [read post]
3 Dec 2015, 5:30 am
The Court of Appeals of Georgia, Second Division, recently held that a debt collector did not violate the federal Fair Debt Collections Practices Act (FDCPA), holding that even if the alleged misrepresentations in the debt collector’s affidavit were technically false, they were not material and thus failed to state a claim. [read post]
1 Apr 2010, 8:17 am
The Mass Tort Defense Blog has a good post this week on the Seventh Circuit decision on the FDCPA in Dekoven v. [read post]
24 Jan 2023, 9:13 am
Court of Appeals for the Tenth Circuit recently joined the Eleventh Circuit (and a growing majority of courts) in rejecting the “Hunstein theory” of liability under the Fair Debt Collection Practices Act (FDCPA). [read post]
27 Jul 2012, 2:44 pm
As such, the borrower’s claims under the FDCPA could not survive. [read post]
20 Jan 2020, 8:39 am
Court of Appeals for the Fifth Circuit recently reversed certification of a consumer class alleging that a debt collection letter violated the federal Fair Debt Collection Practices Act (FDCPA). [read post]
13 Sep 2021, 9:30 am
Congress wrote the FDCPA this way to incentivize people to enforce the FDCPA and help the government regulate debt collectors and ensure compliance with the law. [read post]
31 Jan 2023, 2:21 pm
Continue reading → The post Least Sophisticated Debtor Test and Strict Liability Under the FDCPA appeared first on Reboot Your Life: Tampa Student Loan and Bankruptcy Attorney Blog. [read post]
20 Mar 2018, 7:34 am
Court of Appeals for the Sixth Circuit held that a plaintiff asserting only a bare violation of the federal Fair Debt Collection Practices Act (FDCPA) failed to identify a cognizable injury traceable to the defendant’s alleged conduct, and therefore failed to demonstrate Article III standing. [read post]
25 Jan 2016, 8:58 am
Midland Funding, LLC, 528 B.R. 462 (S.D.Ala.2015) (Irreconcilable conflict exists between the FDCPA and the Code; Code’s provisions allowing claims preempts FDCPA). [read post]
17 Feb 2016, 9:00 am
When debtors direct their efforts to attorneys rather than directly at consumers, they fall within the bounds of FDCPA. [read post]
8 Sep 2021, 10:17 am
According to FDCPA, debt collectors cannot use any unfair or deceptive practices while collecting the debts. [read post]
18 Jul 2018, 2:03 pm
The Fraudsters radio show interviewed me this week for about an hour on how consumers can arm themselves and proactively protect their credit report, stop or fix violations, and obtain damages for violations under the TCPA, FDCPA, FCCPA and the FCRA. [read post]
15 Feb 2021, 7:53 am
Court of Appeals for the Seventh Circuit recently affirmed the dismissal of a consumer’s claims under the federal Fair Debt Collection Practices Act (FDCPA) for failing to sufficiently allege a concrete injury to confer standing under Article III. [read post]
21 Jan 2021, 2:35 pm
Court of Appeals for the Seventh Circuit recently vacated judgment in favor of consumers and certification of a proposed class for claims that a debt collector violated sections 1692e and 1692f of the federal Fair Debt Collection Practices Act (FDCPA) by excluding a statement that interest would accrue on the debts in their collection letters. [read post]
22 Dec 2020, 11:50 am
The Second Circuit was relatively quiet when it came to the Fair Debt Collection Practices Act (FDCPA) and the Telephone Consumer Protection Act (TCPA) in 2020, but when it did issue opinions, several were quite impactful in our industry. [read post]
