The U.S. Court of Appeals for the Seventh Circuit recently affirmed a trial court's ruling granting summary judgment in favor of two debt collectors for alleged violations of the federal Fair Debt Collection Practices Act and federal Fair Credit Reporting Act relating to their attempts to collect a debt resulting from identify theft.
Posts published in “Debt Collection”
The U.S. 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.
The U.S. District Court for the Eastern District of Pennsylvania on Feb. 7 handed down a decision finding that the mere use of a letter vendor is sufficient to allege a violation of 15 U.S.C. § 1692c(b) of the Fair Debt Collection Practices Act by transmitting information to the letter vendor.
Federal courts have recently dismissed a number of cases brought by consumers alleging violations of consumer protection law because they lack “standing.” The trend has been hastened by the U.S. Supreme Court’s decision last year in TransUnion LLC v. Ramirez, a case involving the federal Fair Credit Reporting Act.
The U.S. Court of Appeals for the First Circuit and federal and state courts in Massachusetts decided several important cases for the consumer financial services industry in 2021. Two related cases concerned the constitutionality of a Massachusetts regulation limiting telephone contact with debtors and a third ruling came from the First Circuit on a federal TCPA action.
Here are my choices for the most influential decisions in consumer credit litigation in the past year from the U.S. Court of Appeals for the Second Circuit. The cases concerned Article III standing, credit reporting, unwanted faxes, and an FDCPA "interest accrual" claim.
The U.S. Court of Appeals for the Third Circuit handed down several noteworthy decisions impacting consumer credit law in 2021 concerning the disclosure of consumer account information, communications with consumers, itemization of debt, and whether a debtor’s spouse is liable for certain debts.
Welcome to our annual year-end review of consumer credit law. Beginning today and over the next several days, we feature a series of articles exploring the events that shaped the consumer financial services industry in 2021.
The U.S. Court of Appeals for the Seventh Circuit recently affirmed the dismissal of several actions by a borrower against a mortgagee, and in so ruling also held that it did not have jurisdiction to review the lower court’s remand order, and that the borrower had waived his right to challenge an award of attorney fees and costs in connection with the remand.
The California Court of Appeal, Fourth District, recently affirmed a trial court’s denial of a debt buyer’s motion to compel arbitration, holding that an affidavit from the original creditor’s employee, used by the debt buyer to prove that an arbitration agreement had been mailed to the borrower, lacked foundation, and violated the secondary evidence rule.
On their own initiative, the active judges of the U.S. Court of Appeals for the Eleventh Circuit have taken a vote and will hear the appeal, en banc, in Hunstein v. Preferred Collection and Management Services, Inc.
Costumes, candy, and frightening movie sequels often mark the end of October. Just in time for Halloween, the U.S. Court of Appeals for the Eleventh Circuit released its own scary sequel with its substituted opinion in Hunstein v. Preferred Collection and Management Services, Inc.