In an opinion issued yesterday, the Ninth Circuit Court of Appeals reversed a district court’s summary judgment in favor of the defendant in an action under the FDCPA. The panel held that the validation notice is required of both the initial debt collector, as well as subsequent collectors that communicate about the same debt.
Debt collection letters continue to provide an expansive target for FDCPA and related lawsuits due to the panoply of Federal and State disclosure requirements for such letters. Further, the Court cases interpreting these requirements are in constant flux and new decisions sometimes contradict previous rulings. In a rare win for the collection industry, a recent case out of the Eastern District of New York rejected a consumer’s FDCPA claims brought in a putative class action and premised on language included in a collection letter. What does this bode for the industry?
insideARM maintains a free FDCPA resources page to provide the ARM community a destination for timely and topical information on the Fair Debt Collection Practices Act (“FDCPA”). This page is generously supported by TransUnion. See the page here or find it in our main navigation bar from any page on insideARM. The cornerstone of the page is a chart of significant […]
Yesterday, the Eighth Circuit Court of Appeals entered a ruling affirming a district court’s decision that a debt collector’s filing of a proof of claim in the consumer’s Chapter 13 bankruptcy case based on an out-of-statute debt was not a false, deceptive or misleading debt collection practice.
This article previously appeared on The Consumer Financial Services Blog and is republished here with permission. The U.S. District Court for the Middle District of Pennsylvania recently denied a debt collector’s motion to dismiss, holding that a collection notice describing the potential tax consequences of settlements involving cancellation of indebtedness of $600 or more may be misleading […]
Yesterday the U.S. District Court for the Southern District of Alabama affirmed the lower court’s decision in favor of the defendant in the case of Mahala A. Church v. Accretive Health, Inc. (Case No. 15-15708, United States Court of Appeals for the Eleventh Circuit) A copy of the case can be viewed here. The Appellant […]
The Consumer Financial Protection Bureau (CFPB) is highlighting recent enforcement activity with the release of its latest Supervisory Highlights report. This report focuses on activities during the first quarter of 2016, showcasing supervisory actions that the Bureau says resulted in the remediation of approximately $30 million to more than 250,000 consumers. You can read the […]
On June 20 a U.S. District Court granted a creditor’s motion for summary judgment and dismissed a TCPA claim because the plaintiff had provided prior express consent to be contacted on his cellular telephone when he entered into a contract with the creditor, AND did not provide sufficient proof that the prior consent was revoked.
This article was originally published on the Maurice Wutscher blog and is republished here with permission. The U.S. Court of Appeals for the Ninth Circuit recently held that the discovery rule applies equally regardless of the nature of the federal Fair Debt Collection Practices Act (FDCPA) violation alleged by a plaintiff. Therefore, according to the Ninth Circuit, […]
A federal Judge from the Eastern District of Tennessee has dramatically reduced a consumer attorney’s request for an award of attorney’s fees and costs in Fair Debt Collection Practices Act (FDCPA) cases involving an accepted Offer of Judgment. The cases were LaPointe v. Midland Funding, LLC (Case Nos. 2:15-CV-171 and 2:15-CV-172, United States District Court, […]