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Posts published in “FDCPA”

Fair Debt Collection Practices Act

7th Cir. Holds Field Servicing Company That Installed Door Hangers Not FDCPA ‘Debt Collector’

The U.S. Court of Appeals for the Seventh Circuit held that a mortgage field servicing company’s actions were too attenuated from its mortgage servicer client’s own debt collection efforts to be considered a debt collector under the federal Fair Debt Collection Practices Act (FDCPA). Accordingly,…

3rd Cir. Holds Debt Buyer Whose Principal Purpose is Collection of Any Debt is a ‘Debt Collector’ Regardless of Whether It Owns Debts It Collects

With a tip of the cap to Popeye the Sailor Man, the Third Circuit has decided that a purchaser of defaulted debt is a “debt collector” under the federal Fair Debt Collection Practices Act. A copy of the opinion in Tepper v. Amos Fin., LLC is available…

8th Cir. Rejects Arguments That Collecting Interest Not Allowed Under State Law Did Not Violate FDCPA

The U.S. Court of Appeals for the Eighth Circuit recently held that seeking to collect compound interest in violation of state usury law results in a misrepresentation of the amount of a debt in material violation of the federal Fair Debt Collection Practices Act (FDCPA).…

Ohio Debt Collection Law Firm Files Findings of Fact, Conclusions of Law in Response to CFPB Action

In a follow up to an advisory jury’s verdict, finding that a law firm’s pre-suit collection letters contained “false, deceptive, or misleading representations or means in connection with the collection of a debt” while rejecting a claim that the firm’s attorneys were not meaningfully involved…

To the U.S. Supreme Court: Does the FDCPA Apply to Non-Judicial Foreclosure Proceedings?

On June 28, the U.S. Supreme Court granted a Petition for a Writ of Certiorari in Obduskey v. McCarthy & Holthus LLP that presents the question “whether the FDCPA applies to non-judicial foreclosure proceedings.” The borrower in the underlying case defaulted on his home loan…

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

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

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…