The issue of
whether knowingly filing a Proof of Claim on Out-of-Statute debt is a violation
of the Fair Debt Collection Practices Act (FDCPA) has created inconsistent
answers for the ARM industry. Recently, the Supreme Court of the United States
(SCOTUS) has been asked to provide a definitive answer. In two separate cases (Owens v. LVNV Funding, LLC, Nos.
15-2044,15-2082,15-2109, 2016 WL 4207965 (7th Cir. Aug. 10, 2016) and Johnson v. Midland Funding, LLC, 823 F.3d 1334 (11th
Cir. May 24, 2016) attorneys on both sides of the issue have filed petitions
for a writ of certiorari seeking SCOTUS review.
Read the Whole Story »