February 22, 2015 Case Digest
In Martin v. Litton Loan Servicing, plaintiff alleged that defendant violated the FDCPA while attempting to collect her mortgage payments because unauthorized real estate tax charges were included in...
View ArticleMay You File a Proof of Claim on a Time-Barred Debt? - The Courts Can't Decide.
As you may recall, in our July 2014 article “More Traps for Debt Collectors Attempting to Collect Time-Barred Debts,” the Eleventh Circuit surprised the collection industry in Crawford v. LVNV Funding,...
View ArticleFebruary 23, 2015 Case Digest
In Galati v. Manely Deas, plaintiff alleged that the defendant law firm violated the FDCPA by initiating a foreclosure action when it knew or should have known that the firm’s client was not the holder...
View ArticleFebruary 24, 2015 Case Digest
In Marcinski v. RBS Citizens, plaintiff alleged that defendant violated the FCRA by credit reporting two accounts as delinquent when those accounts were opened while plaintiff was incarcerated....
View ArticleFebruary 25, 2015 Case Digest
In Barata v. Nudelman, Klemm & Golub, plaintiff alleged that defendant’s collection letter violated the FDCPA by falsely representing that there was meaningful attorney review of the debtor files...
View ArticleFebruary 26, 2015 Case Digest
In Valle v. RJM, plaintiff alleged that defendant violated the FDCPA and FCRA by obtaining his credit report without a permissible purpose. Plaintiff opposed defendant’s motion for summary judgment,...
View ArticleMarch 3, 2015 Case Digest
In Orkies v. Midland Funding, plaintiff alleged the defendant’s collection letter violated the FDCPA. Defendant filed a motion to dismiss, arguing that plaintiff had abandoned the claim by failing to...
View ArticleMarch 4, 2015 Case Digest
In Santiago v. A.R. Resources, plaintiff alleged that defendant's collection letter was deceptive and confusing because it had a heading stating "Audit Notice" and stated "a recent audit of our...
View ArticleFDCPA "Excessive Calls" Dilemma
What constitutes excessive calling under the FDCPA? While the law prohibits excessive calling, there is no bright line rule for how many times a debt collector may call a consumer over a period of...
View ArticleMarch 11, 2015 Case Digest
In O'Byrne v. PRA, plaintiff alleged that defendant violated the FDCPA by attempting to collect fees and interest in a collection lawsuit. The district court entered summary judgment for defendant,...
View ArticleMarch 12, 2015 Case Digest
In Briggs v. Wells Fargo, plaintiff alleged that defendant violated the FCRA by failing to correct or investigate numerous allegedly false statements made to the credit reporting agencies. Defendant...
View ArticleMarch 13, 2015 Case Digest
In Baisden v. Credit Adjustments, plaintiff filed a putative class action alleging that defendant violated the TCPA by calling his cell phone witan automated dialer. Defendant moved for summary...
View ArticleMarch 16, 2015 Case Digest
In Wise v. Zwicker & Associates, the district court granted defendant's motion to dismiss plaintiff's claim that the defendant law firm violated the FDCPA by attempting to collect attorney fees...
View ArticleMarch 17, 2015 Case Digest
In Rhodes v. Olson Associates, plaintiff filed a putative class action alleging that defendant's voice mail messages failed to meaningfully disclose the caller's identity and failed to state the call...
View ArticleMarch 19, 2015 Case Digest
In Thrasher v. CMRE Financial, plaintiff filed a putative class action under the TCPA and during discovery, requested production of defendant's outbound dial list and evidence of consent for calling...
View ArticleMarch 23, 2015 Case Digest
In Hanson v. HSBC Bank, plaintiff alleged that defendant violated the FDCPA by filing a proof of claim and serving a copy of the pleading on the consumer directly, when defendant knew plaintiff was...
View ArticleMarch 24, 2015 Case Digest
In Etro v. Blitt & Gaines, plaintiff alleged that defendant violated the FDCPA by instituting a garnishment action against plaintiff's employer in a judicial district where plaintiff did not live....
View ArticleMarch 25, 2015 Case Digest
In Gonnella v. Delbert Services, plaintiff alleged that defendant violated the TCPA by calling her cell phone after she had verbally withdrawn consent to be called with a dialer. Defendant moved to...
View Article“In Connection With the Collection of a Debt” – How Far Does This Phrase Reach?
Be careful what you do with and how you communicate about a settled debt. A federal court has determined that a sale or further collection of a settled debt by a different collection agency can be...
View ArticleA "Personal Business Matter" Is Still Personal in Tennessee
A Federal District Court in Tennessee ruled that the phrase "personal business matter" does not convey information regarding a debt under the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. §...
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