Posts tagged with: "Fair+Debt"
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9 Aug 2007, 4:29 pm
Creditors, debt collectors and debt buyers who furnish consumer credit account data on a regular basis to credit reporting agencies have duties under the Fair Credit Reporting Act (FCRA) to correct and update that consumer credit history information. [read post]
19 Sep 2017, 5:20 pm
ReconTrust Co. 17-278 Issue: Whether entities conducting foreclosure-related activities, including notifying borrowers that their homes will be sold unless payment is made, are subject to the Fair Debt Collection Practices Act’s general restrictions on “debt collectors. [read post]
10 Oct 2024, 11:17 am
The primary goal of bankruptcy is to grant relief to debtors while ensuring fair treatment of … Read more [read post]
12 Apr 2017, 8:56 am
Court of Appeals for the Second Circuit recently reinstated a complaint alleging a debt collector violated the federal Fair Debt Collection Practices Act when it sent a payoff statement containing unaccrued fees and costs without providing any information as to how those fees were calculated or any basis for those fees and costs. [read post]
18 Aug 2017, 11:36 am
District Court for the Eastern District of New York recently granted in part and denied in part a mortgage servicer’s motion to dismiss a borrower’s claim that the servicing transfer notice supposedly violated the federal Fair Debt Collection Practices Act (FDCPA) because it allegedly did not disclose that the debt was increasing due […] Amy Jonker [read post]
5 Oct 2016, 7:48 am
Court of Appeals for the Eleventh Circuit recently held that the federal Fair Debt Collection Practices Act’s venue provision did not apply to post-judgment action garnishment proceedings. [read post]
1 Feb 2021, 12:28 pm
Court of Appeals for the Seventh Circuit recently vacated a trial court’s judgment of dismissal and remanded with instructions to hold an evidentiary hearing limited to the issue of whether the trial court had subject-matter jurisdiction over a plaintiff’s claim that a dunning letter violated the federal Fair Debt Collection Practices Act because it did not clearly state that interest would accrue on the debt. [read post]
3 Feb 2017, 9:05 am
Court of Appeals for the Ninth Circuit recently held that a notice regarding overdue homeowners association (HOA) assessments contained language that overshadowed and conflicted with the homeowner’s federal Fair Debt Collection Practices Act debt validation rights. [read post]
11 Aug 2016, 10:03 am
Filing a proof of claim with a bankruptcy court representing a debt subject to an expired state law limitations period does not violate the federal Fair Debt Collection Practices Act (FDCPA) under an opinion released yesterday from the Seventh Circuit Court of Appeals. [read post]
27 Nov 2015, 7:50 am
Court of Appeals for the Second Circuit recently reversed dismissal of a federal Fair Debt Collection Practices Act (FDCPA) claim based on the statute of limitations, holding that an FDCPA violation occurs when a bank freezes a debtor’s bank account, not when a debt collector sends a restraining notice to the bank. [read post]
15 Feb 2016, 5:52 am
District Court for the District of Oregon recently granted summary judgment in favor of a debt collector, ruling that the collector’s voice mail messages for the debtor did not unlawfully communicate with a third party under the federal Fair Debt Collection Practices Act (FDCPA) and related state law, because the collector could not […]Stuart Miles [read post]
30 Nov 2015, 5:04 am
In an action alleging that the defendants violated the federal Fair Debt Collection Practices Act (FDCPA) by sending a form letter attempting to collect on allegedly time-barred debts, the U.S. [read post]
15 Jul 2015, 7:39 am
Miljkovic incorrectly construes the Fair Debt Collection Practices Act and its legislative history as well as two U.S. [read post]
15 Apr 2021, 11:14 am
Court of Appeals for the Fifth Circuit recently affirmed a trial court’s denial of an award of attorney’s fees to a debtor who settled his claims against a debt collector for purported violations of the federal Fair Debt Collection Practices Act and parallel state law consumer protection statutes. [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]
19 Mar 2021, 1:45 pm
Court of Appeals for the Seventh Circuit recently affirmed a trial court’s judgment that an insurer had no duty to defend a debt collector in an action brought by a consumer asserting claims under the federal Fair Debt Collection Practices Act (FDCPA) and the federal Telephone Consumer Protection Act (TCPA), as well as common law claims of defamation and invasion of privacy. [read post]
17 Jul 2020, 6:04 am
Court of Appeals for the Ninth Circuit recently affirmed the dismissal of a borrower’s complaint under the federal Fair Debt Collection Practices Act arising from a judicial foreclosure proceeding in Oregon, holding that the defendants were not attempting to collect a debt within the meaning of the FDCPA when only foreclosure was sought and not a deficiency judgment. [read post]
1 Feb 2021, 12:28 pm
Court of Appeals for the Seventh Circuit recently vacated a trial court’s judgment of dismissal and remanded with instructions to hold an evidentiary hearing limited to the issue of whether the trial court had subject-matter jurisdiction over a plaintiff’s claim that a dunning letter violated the federal Fair Debt Collection Practices Act because it did not clearly state that interest would accrue on the debt. [read post]
11 Dec 2011, 11:46 am
Commercial Recovery Systems (“CRS”) violated the Fair Debt Collection Practices Act (“FDCPA”) by threatening to sue consumers, obtain liens, judgments, or garnish wages without any intention of doing so according to consumers who filed FDCPA lawsuits. [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]
