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 “FDCPA”
Fair Debt Collection Practices Act
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.
The U.S. Court of Appeals for the Fourth Circuit recently reversed the dismissal of a putative class action alleging that a mortgage servicer’s fee to borrowers who paid monthly mortgage bills online or by phone was illegal.
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.
In its top consumer credit law decisions of 2021, the U.S. Court of Appeals for the Fifth Circuit determined that settlement of an FDCPA claim does not trigger an attorney fee award, examined third-party contact as a "communication" under the FDCPA, and ruled there was no "partial surrender" of collateral in a Chapter 13 plan.
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.
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.
The U.S. Court of Appeals for the Eleventh Circuit issued an opinion today vacating its earlier decision in Hunstein v. Preferred Collection and Management Services, Inc. and issued a new opinion that does not provide a “quick fix” for the credit and collection industry.