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Posts published in “FDCPA”

Fair Debt Collection Practices Act

ND Indiana Grants Class Cert. Over Objections as to Standing, Commonality of Injury, ‘Consumer’ Debt

Published May 28, 2018 by Mickey J. Lee
ND Indiana Grants Class Cert. Over Objections as to Standing, Commonality of Injury, ‘Consumer’ Debt

The U.S. District Court for the Northern District of Indiana recently concluded that the objective “unsophisticated consumer” standard applicable in the Seventh Circuit for whether there was a material misrepresentation under the federal Fair Debt Collection Practices Act (FDCPA) parallels the commonality requirement for class…

Jury Returns Inconsistent Verdict in CFPB Action Against Ohio Debt Collection Law Firm, Verdict Under Advisement

Published May 11, 2018 by Shannon P. Miller
Jury Returns Inconsistent Verdict in CFPB Action Against Ohio Debt Collection Law Firm, Verdict Under Advisement

An advisory jury, empaneled pursuant to Federal Rule 39(c)(1), recently returned an inconsistent verdict after trial in an action brought by the Consumer Financial Protection Bureau last year challenging that attorneys of a law firm specializing in the collection of debts were not “meaningfully involved”…

9th Cir. Rejects FDCPA Claim That Collector Did Not ‘Meaningfully Participate’ in Collection

Published May 10, 2018 by Eric Tsai
9th Cir. Rejects FDCPA Claim That Collector Did Not ‘Meaningfully Participate’ in Collection

The U.S. Court of Appeals for the Ninth Circuit recently rejected a so-called “flat-rating” claim, holding that a company that sent letters demanding that hospital patients pay their overdue medical bills did not create a false or misleading impression that the company was actually participating…

SD Calif. Continues Trend of Bringing Clarity to Case Alleging Improper Interest Charges

Published April 30, 2018 by Keith Wier
SD Calif. Continues Trend of Bringing Clarity to Case Alleging Improper Interest Charges

A decision out of a district court in California continues the trend of holding appropriate interest rate disclosures to be within the bounds of the FDCPA and other consumer protection acts.  In Pavlovich vs. Account Discovery Systems, LLC, the U.S. District Court for the Southern District of…

Mass. SJC Holds Passive Debt Buyers Are Not ‘Debt Collectors’ Under State Law

Published April 10, 2018 by Brady Hermann
Mass. SJC Holds Passive Debt Buyers Are Not ‘Debt Collectors’ Under State Law

In an important decision for the debt buying industry, the Massachusetts Supreme Judicial Court held that passive debt buyers are not “debt collectors” under the Massachusetts Fair Debt Collection Practices Act (MDCPA). A copy of the decision in Dorrian v. LVNV Funding, LLC is available at:  Link…

ED NY Dismisses FDCPA Claim Based on Non-Disclosure of Potential Fees, Costs

Published April 3, 2018 by Brent Yarborough
ED NY Dismisses FDCPA Claim Based on Non-Disclosure of Potential Fees, Costs

The day before the Second Circuit shut down reverse-Avila claims with its decision in Taylor v. Financial Recovery Services, Inc., the U.S. District Court for the Eastern District of New York dismissed an FDCPA Avila claim involving potential future fees and costs in Derosa v. Computer Credit, Inc.…

SD Fla. Holds No FDCPA Violation for Naming Payment Processor, Lender in Debt Validation Notice

Published March 28, 2018 by Hector E. Lora
SD Fla. Holds No FDCPA Violation for Naming Payment Processor, Lender in Debt Validation Notice

The U.S. District Court for the Southern District of Florida recently granted summary judgment in favor of a defendant debt collector in a putative class action alleging violations of sections 1692g and 1692e of the federal Fair Debt Collection Practices Act (FDCPA), holding that the…