Posts tagged with: "Fair+Debt"
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9 Sep 2010, 6:05 pm
In this segment, I describe the tools available to divorce attorneys to ensure that there has been a full and fair disclosure of all assets, income and debts. [read post]
31 Mar 2009, 7:41 am
Attorney Berliner, on behalf of his client, Panek, sued Delta Management Associates, Inc. and others for violating the automatic stay and the Fair Debt Collections Practices Act for withdrawing money [...] [read post]
27 May 2016, 8:15 am
Court of Appeals for the Eleventh Circuit recently held that there is no irreconcilable conflict between the federal Fair Debt Collection Practices Act (FDCPA) and the Bankruptcy Code. [read post]
22 Aug 2016, 4:21 am
Court of Appeals for the Seventh Circuit recently held that a wage garnishment action under Illinois law is not a legal action “against a consumer” under the federal Fair Debt Collection Practices Act (FDCPA). [read post]
28 Dec 2015, 9:22 am
Resolving Complex Divorces For couples of high net worth, divorce is a very uncertain time, especially with regard to assets and debts. [read post]
9 Jan 2014, 10:06 am
The focus of the CFSC is on all things in consumer financial services law — payment systems, deposit accounts, fair lending and yes, debt collection. [read post]
4 Dec 2015, 1:20 pm
Caroline Baum (Manhattan Institute), A Simple Solution to Corporate Tax Inversions Kay Bell (Don't Mess With Taxes), Private Tax Debt Collection, Tax-Related Passport Restrictions Are Part of Transportation Bill Baggage Bloomberg, Venture Capital Should Pay Its Fair Share of Taxes, Altman Says Chronicle of Philanthropy, Fidelity Charitable’s Executive Pay Strategy... [read post]
10 Apr 2023, 4:54 am
Court of Appeals for the Sixth Circuit recently held that a consumer plaintiff had Article III standing to sue because his federal Fair Debt Collection Practices Act claim was similar to a common law "intrusion upon seclusion" claim, even though it involved only a single unwanted call. [read post]
21 Mar 2019, 8:12 am
McCarthy & Holthus LLP on March 20, ruling the federal Fair Debt Collection Practices Act does not cover persons engaged in “non-judicial foreclosures” except with respect to a single provision contained in the FDCPA. [read post]
11 Mar 2016, 8:09 am
District Court for the Southern District of Alabama recently granted summary judgment in favor of a mortgage loan servicer and the trustee of a mortgage backed securities trust in a putative class action alleging violations of the federal Fair Debt Collection Practices Act (FDCPA), ruling that the “bona fide error” defense applied to […]Charles Ochab [read post]
8 Jun 2015, 7:56 am
Court of Appeals for the Third Circuit recently reversed the dismissal of a borrower’s claims under the Federal Fair Debt Collection Practices Act against a foreclosure law firm, holding that not-yet-incurred fees pled in foreclosure complaint — without conveying that the fees were estimates or imprecise amounts — could constitute an actionable misrepresentation. [read post]
2 Apr 2020, 10:00 am
Nearly 30 years after authoring an opinion that has been rejected by the Second, Fourth and Ninth Circuits and ignored by the First, Fifth, Sixth and Seventh Circuits, the Third Circuit finally acknowledged that its original interpretation of 15 U.S.C. 1692g(a)(3) of the Fair Debt Collection Practices Act was wrong. [read post]
10 May 2018, 1:16 pm
Court of Appeals for the Ninth Circuit recently rejected a so-called “flat-rating” claim, holding that a company that sent letters demanding that hospital patients pay their overdue medical bills did not create a false or misleading impression that the company was actually participating in collecting the debts in violation of the federal Fair Read more → Eric Tsai [read post]
28 Feb 2017, 10:38 am
The Ninth Circuit Court of Appeals rejected a class action settlement as “worthless” for absent class members in a recent federal Fair Debt Collection Practices Act case. [read post]
23 Feb 2022, 11:01 am
Court of Appeals for the Eighth Circuit recently reversed a trial court’s judgment in favor of a consumer for claims of alleged violation of the federal Fair Debt Collection Practices Act, finding that the consumer lacked Article III standing to bring his claim in federal court as the consumer failed to allege or later show a concrete injury in fact. [read post]
17 Aug 2015, 7:10 am
Court of Appeals for the Second Circuit recently reversed the dismissal of a consumer’s claim alleging that a mortgage loan servicer violated the federal Fair Debt Collection Practices Act by sending a servicing transfer notice that did not contain the disclosures required under the FDCPA, 15 U.S.C. 1692g. [read post]
10 Apr 2017, 9:14 am
Court of Appeals for the Ninth Circuit recently reversed the dismissal of a Fair Debt Collection Practices Act claim arising out of a non-judicial foreclosure. [read post]
16 Feb 2016, 10:39 am
Court of Appeals for the Seventh Circuit recently upheld the dismissal of allegations that two letters sent to the consumer’s counsel violated the federal Fair Debt Collection Practices Act (FDCPA), reiterating that its “competent attorney” standard applies regardless of whether a statement to the consumer’s counsel is false, misleading or deceptive. [read post]
29 Nov 2011, 8:55 am
[JURIST] A judge for the US District Court for the Southern District of New York [official website] on Monday blocked a proposed $285 million settlement with Citigroup Inc [corporate website] over the sale of toxic mortgage debt. [read post]
15 Jul 2015, 3:42 am
The Maryland Court of Special Appeals recently held that a borrower could not maintain a lawsuit asserting federal Fair Debt Collection Practices Act and other related state-law claims because those claims were barred by collateral estoppel due to litigation in a prior collection action. [read post]
