Posts tagged with: "Fair+Debt"
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1 Feb 2010, 5:46 am
So we were not surprised by a Jan. 21 report in Collections & Credit Risk saying that Fair Debt Collection Practices Act lawsuits increased substantially between 2008 and 2009. [read post]
27 Jun 2011, 2:53 am
A New Jersey man sued Cawley & Bergmann, LLP, a New York debt collector, and he alleged it violated the Fair Debt Collection Practices Act (FDCPA). [read post]
23 Jun 2020, 6:08 am
Court of Appeals for the Seventh Circuit recently affirmed entry of summary judgment in favor of a debt collector that its collection letter language was “false, misleading or deceptive” in violation of section 1692e of the Fair Debt Collection Practices Act. [read post]
7th Cir. Holds Plaintiff’s Settlement of Parallel Claim Against Another Defendant Mooted FDCPA Claim
6 Sep 2018, 2:09 pm
Court of Appeals for the Seventh Circuit recently reversed a judgment against a debt collector, finding that the plaintiff’s settlement with the creditor for the same indivisible injury mooted the plaintiff’s federal Fair Debt Collection Practices Act (FDCPA) claims for statutory damages, attorneys’… Ernest Wagner [read post]
25 Jun 2014, 9:02 am
Now identifying yourself as a lawyer or a law firm on a voice mail or telephone message is sufficient facts to state a claim for a Fair Debt Collection Practices Act […] [read post]
8 Jan 2021, 8:23 am
Court of Appeals for the Sixth Circuit recently held that the plain language of 15 U.S.C. 1692f(8), a provision of the Fair Debt Collection Practices Act (FDCPA) regulating what may be shown on an envelope when a debt collector communicates with a consumer by mail, does not include a “benign language” exception. [read post]
4 Aug 2016, 7:53 am
Court of Appeals for the District of Columbia recently held that, under the federal Fair Debt Collection Practices Act (FDCPA), a collection letter from a law firm did not misrepresent any meaningful involvement by an attorney. [read post]
25 Jan 2016, 7:55 am
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]
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]
17 Aug 2018, 8:54 am
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]
8 Feb 2008, 10:25 am
Under the Fair Debt Collection Practices Act, 15 U.S.C. [read post]
27 Jan 2021, 1:50 pm
Court of Appeals for the Seventh Circuit recently vacated judgment in favor of a debt collector against putative class action claims raised by a consumer that its collection letter violated the federal Fair Debt Collection Practices Act (FDCPA) by threatening action that could not legally be taken and amounting to a false representation. [read post]
8 Jun 2016, 9:16 am
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]
2 Jul 2007, 6:50 am
The Fair Debt Collection Practices Act gives the consumer the right to tell a third party [...] [read post]
7th Cir. Rules Dispute Sent Through Wrong Channel Gave Rise to Valid FDCPA ‘Bona Fide’ Error Defense
19 Oct 2023, 12:16 pm
Court of Appeals for the Seventh Circuit recently affirmed a trial court’s summary judgment ruling in favor of a debt collector asserting a bona fide error defense to an action under the federal Fair Debt Collection Practices Act. [read post]
4 Sep 2018, 5:33 am
Court of Appeals for the Ninth Circuit recently held that the plaintiff carries the burden of proving the debt collector’s net worth to obtain statutory damages in a class action under the federal Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. [read post]
8 Nov 2018, 5:52 am
Court of Appeals for the Seventh Circuit held that a plaintiff’s oral testimony that a $100 payment was demanded of her in violation of the federal Fair Debt Collection Practices Act (FDCPA) was insufficient to withstand summary judgment where the debt collector defendant… Jeffrey Karek [read post]
18 Jan 2017, 11:42 am
A primary issue before the Court is whether the federal Fair Debt Collection Practices Act is violated by the filing in a Chapter 13 bankruptcy case of a proof of claim representing a debt subject to an expired limitations period. [read post]
