Letters Archives - Page 2 of 32

June 28, 2023 in FDCPA

Seventh Circuit Rules $3.95 in Postage Spent by Plaintiff to Respond to Second Validation Notice Sufficient to Establish FDCPA Standing

The U.S. Court of Appeals for the Seventh Circuit has ruled that a plaintiff in a putative class action had standing to assert FDCPA claims against the purchaser of her...

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May 23, 2023 in Letters

Washington Federal Court Rejects Hunstein; Holds Article III Standing Exists in FDCPA Letter-Vendor Claim

Nearly two years after the Supreme Court’s 2021 decision in Transunion v. Ramirez, courts and litigants continue to grapple with standing issues in Fair Debt Collection Practices Act (FDCPA) cases...

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April 19, 2023 by Bryce Noel in Compliance

Sending Docs After the Validation Period Expires? One Court Says, No

Debt collectors have become accustomed to erring on the side of providing consumers with information regarding their debts, regardless of whether a dispute or verification request is timely. But should...

January 18, 2023 by Mark Kundmuller in FDCPA

Court Finds Letter to Debtor is Not a Debt-Collection Communication Under the FDCPA

Recently, in Velez v. Absolute Resolutions Investments., LLC, the district court for the Northern District of Illinois confirmed the long-standing principle that not all communications sent from a debt collector...

January 11, 2023 by Stefanie H Jackman in FDCPA

Tenth Circuit Affirms Dismissal of FDCPA Mailer-Vendor Claims

A recent opinion issued by the Tenth Circuit serves as further confirmation that plaintiffs bringing Fair Debt Collection Practices Act (FDCPA) claims in federal court must allege sufficient concrete injury...

January 5, 2023 by Donald Maurice in CFPB

A Look Back at 2022 in Consumer Credit and Collections Case Law and Federal and State Regulation

Just a few years ago, the annual review would primarily encompass federal activity. But a shift began in 2018, and by the close of 2022, it’s clear there is far...

October 31, 2022 by John Rossman in CFPB

“It’s About ‘That’ Time” for the CFPB to Comment on Hunstein

The recent decision by the Fifth Circuit Court of Appeals holding the funding structure of the Consumer Financial Protection Bureau (CFPB) as unconstitutional was hailed by many in the debt...

October 5, 2022 by Missy Meggison in FDCPA

Multiple Settlement Offers in One Letter are not Misleading

Providing a consumer multiple settlement options in one letter is not misleading or deceptive- even where one offer is featured more prominently than the other. Further, according to New Jersey...

October 3, 2022 by Mark Kundmuller in FDCPA

Court Grants Debt Collector Summary Judgment in FDCPA Claim Based on Collection Letter With Multiple Addresses

In Bacalzo v. Credit Control, LLC, No. 20-16904 (KMW/MJS) (D.N.J. June 7, 2022), the court granted summary judgment in favor of a debt collector who included multiple contact addresses in...

September 12, 2022 by Missy Meggison in Compliance

Hunstein Isn't Over: 4 Things You Need to Know

The 11th Circuit’s September 8, 2022 Opinion dismissed Hunstein (Opinion)[1]. That's good news, right? It is, but debt collectors cannot assume all of the industry’s Hunstein-related problems are gone. The...

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