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Posts published in “FDCPA”

Fair Debt Collection Practices Act

3rd Cir. Holds Pennsylvania Consumer Discount Company Act Does Not Apply to Mere Debt Buyers

The U.S. Court of Appeals for the Third Circuit recently affirmed a trial court’s dismissal of a putative class action complaint alleging that the defendant debt buyer violated the federal Fair Debt Collection Practices Act (FDCPA) by trying to collect interest supposedly in excess of limits imposed under Pennsylvania law. 

Federal Court Holds a Constable Qualifies as a ‘Debt Collector’ Under FDCPA and a ‘Creditor’ Under Massachusetts Law

The U.S. District Court for the District of Massachusetts recently denied a motion to dismiss FDCPA and Mass. Gen. Law. Ch. 93 and 93A claims, holding that a constable qualifies as a “debt collector” under the Fair Debt Collection Practices Act and a “creditor” under Mass. Gen. Laws ch. 93.

7th Cir. Holds No Violation of FDCPA or FCRA in ‘Identity Theft’ Case

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.

8th Cir. Holds FDCPA Plaintiff Lacked Article III Standing in Garnishment Communication Case

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.

EDPA Finds Alleged Transmission of Consumer Information to Letter Vendor States Claim Under FDCPA’s § 1692c(b)

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.