Just a few years ago, the annual review would primarily encompass federal activity. But a shift began in 2018, and by the close of this year, it’s clear there is far more state activity impacting consumer debt collection.
Posts published in “FDCPA”
Fair Debt Collection Practices Act
The U.S. Court of Appeals for the Second Circuit was relatively quiet when it came to the Fair Debt Collection Practices Act, only issuing three opinions.
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.
8th Cir. Distinguishes ‘Article III’ and ‘Statutory’ Standing in FDCPA ‘Third Party Disclosure’ Case
8th Cir. Distinguishes ‘Article III’ and ‘Statutory’ Standing in FDCPA ‘Third Party Disclosure’ Case
The U.S. Court of Appeals for the Eighth Circuit recently affirmed the judgment of a trial court and held that non-consumers cannot bring a claim under Section 1692c(b) of the federal Fair Debt Collection Practices Act (FDCPA).
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.
The U.S. Court of Appeals for the Fifth Circuit recently reversed the class certification order of a trial court, finding sua sponte that the plaintiff lacked standing to bring a claim against a debt collection law firm under the federal Fair Debt Collection Practices Act (FDCPA).
The U.S. Court of Appeals for the Eleventh Circuit recently held that periodic statements required by the federal Truth in Lending Act may violate the federal Fair Debt Collection Practices Act if they are not truthful and fair.
The federal Consumer Financial Protection Bureau has issued an Advisory Opinion on "convenience" or "speed pay" fees, such as "fees imposed for making a payment online or by phone," under the federal Fair Debt Collection Practices Act.
The U.S. Court of Appeals for the Sixth Circuit recently ruled that a debt collector violated the federal Fair Debt Collection Practices Act when it sued a debtor’s wife to recover her husband’s legal fees under Ohio’s Necessaries Statute.
The U.S. Court of Appeals for the Eleventh Circuit recently reversed a trial court’s dismissal of a consumer’s complaint against a mortgage servicer brought under the federal Fair Debt Collection Practices Act and the Florida Consumer Collection Practices Act.
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.
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.