Posts tagged with: "FDCPA" Results 161 - 180 of 2,061
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8 Jun 2016, 9:16 am by Mickey J. Lee
Court of Appeals for the Seventh Circuit recently held that neither extrinsic evidence of confusion, nor materiality, is required for claims under § 1692g(a) of the federal Fair Debt Collection Practices Act (FDCPA). [read post]
17 Aug 2018, 8:54 am by Mickey J. Lee
Court of Appeals for the Seventh Circuit recently concluded that collection letters sent to consumers offering to settle their debt but warning them that the settlement “may have tax consequences” did not violate the federal Fair Debt Collection Practices Act (FDCPA). [read post]
29 Sep 2015, 5:41 am by Charles Ochab
Court of Appeals for the Seventh Circuit recently affirmed summary judgment in favor of a debt collector, holding among other things that the “FDCPA is not an enforcement mechanism for matters governed elsewhere by state and federal law. [read post]
5 Oct 2018, 7:22 am by Jeffrey Karek
Court of Appeals for the Third Circuit held that a statement in a letter to the effect that forgiveness of the debt “might” be reported to the Internal Revenue Service may constitute a violation of the federal Fair Debt Collection Practices Act (FDCPA). [read post]
24 Feb 2020, 8:35 am by Kevin M. Hudspeth
Bankruptcy Court for the Eastern District of Pennsylvania recently held that a debtor alleged a plausible claim against a mortgage loan servicer under the federal Fair Debt Collection Practices Act (FDCPA) based on the servicer's proof of claim filed after obtaining a foreclosure judgment. [read post]
8 Mar 2019, 9:01 am by Donald Maurice
An entity whose principal business is to purchase debt, but did not itself collect the debt it purchased, was found to be a debt collector subject to the federal Fair Debt Collection Practices Act (FDCPA), even though the collection activity was undertaken by other entities. [read post]
12 Sep 2018, 6:58 am by Eric Tsai
Court of Appeals for the Eighth Circuit recently held that a consumer waived his right under the federal Fair Debt Collection Practices Act (FDCPA) to cease further communications by calling the debt collector and asking questions about the underlying debt. [read post]
12 Apr 2019, 10:53 am by Eric Rosenkoetter
Court of Appeals for the Eleventh Circuit recently ruled that an offer to  “resolve” a debt without disclosing its time-barred status may be deceptive or misleading under the federal Fair Debt Collection Practices Act (FDCPA) even in the absence of an express threat… Eric Rosenkoetter [read post]
25 Jan 2016, 7:55 am by Eric Tsai
Court of Appeals for the Second Circuit recently held that a debtor in bankruptcy can pursue claims under the federal Fair Debt Collection Practices Act in district court for trying to collect a discharged debt, reversing a judgment dismissing the FDCPA claims and requiring the plaintiff seek relief in bankruptcy court. [read post]
23 Mar 2021, 10:25 am by Christopher J. Willis
The FTC has provided its annual update to the CFPB on the FTC’s FDCPA activities. [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]
1 Mar 2013, 12:12 pm by Steve Harms
Good news for collectors who are sued unsuccessfully by a plaintiff for violating the Fair Debt Collection Practices Act (FDCPA): the United States Supreme Court just ruled that the defendant in the case may recover costs against the unsuccessful plaintiff. [read post]
18 Jun 2008, 4:12 am by Joseph Mullaney
She seeks damages, attorney’s fees, and costs of the litigation for the Defendants’ alleged violation of the Fair Debt Collection Practices Act (FDCPA). [read post]
3 Aug 2009, 6:02 pm by Daniel O'Rielly
In an Advisory Opinion, the Federal Trade Commission has clarified a statutory conflict between the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. [read post]
8 Dec 2017, 7:46 am by Patrick R. Tira
Court of Appeals for the Ninth Circuit recently held that the federal Fair Debt Collection Practices Act preempted state judgment execution law insofar as it permitted debt collectors to execute on FDCPA claims. [read post]