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Posts tagged as “Debt Collection”

2nd Cir. Holds No FDCPA Violation When Debt Settlement Offer Did Not Disclose Accruing Interest and Fees

The U.S. Court of Appeals for the Second Circuit recently held that a collection notice that provided settlement payment options but did not state that the balance may increase due to interest and fees, did not violate the Fair Debt Collection Practices Act’s prohibition against false, deceptive, or misleading representation or means in connection with the collection of any debt.

Compliance Conundrum: 11th Cir. Holds Disclosing Consumer Information to Third Party Letter Vendors Violates FDCPA

On April 21, the U.S. Court of Appeals for the Eleventh Circuit issued a decision holding that the transmittal of consumer information to a letter vendor constitutes a communication with an unauthorized third party in connection with the collection of a debt in violation of 15 U.S.C. § 1692c(b).

3rd Cir. Holds No FDCPA Violation When Non-Interest-Bearing Debt Itemized ‘$0.00’ for Interest

The U.S. Court of Appeals for the Third Circuit recently affirmed the dismissal of a class action complaint alleging that a collection letter’s itemization of a debt as including “$0.00” in interest and fees — when the debt could not accrue interest or fees — violated the federal Fair Debt Collection Practices Act.

8th Cir. Holds No FDCPA Violation When Debt Collector Failed To Meet Its Evidentiary Burden in Collection Lawsuits

The U.S. Court of Appeals for the Eighth Circuit recently affirmed a trial court’s dismissal of the plaintiffs' claims in consolidated cases brought under the federal Fair Debt Collection Practices Act against a debt collector law firm, after the debt collector law firm failed to meet evidentiary burdens in various collection lawsuits.

9th Cir. Holds FDCPA ‘Bona Fide Error’ Defense Can Be Raised in ‘Out of Statute’ (Time-Barred) Debt Cases

The U.S. Court of Appeals for the Ninth Circuit recently reversed a trial court’s dismissal of allegations that the defendant violated the federal Fair Debt Collection Practices Act (FDCPA) by sending a collection letter threatening litigation over a time-barred or "out-of-statute" debt and filing a lawsuit seeking to collect the debt.

3rd Cir. Holds No FDCPA Violation When Debt Collector Invited Phone Calls to ‘Eliminate Further Collection Action’

The U.S. Court of Appeals for the Third Circuit recently held that a debt collector did not violate the federal Fair Debt Collection Practices Act (FDCPA) when it sent a consumer a collection letter inviting her to “eliminate further collection action” by calling the company, when in fact only written communication could legally stop collection activity.

7th Cir. Holds Insurer Had No Duty to Defend FDCPA, TCPA, and Related Common Law Claims

The U.S. Court of Appeals for the Seventh Circuit recently affirmed a trial court’s judgment that an insurer had no duty to defend a debt collector in an action brought by a consumer asserting claims under the federal Fair Debt Collection Practices Act (FDCPA) and the federal Telephone Consumer Protection Act (TCPA), as well as common law claims of defamation and invasion of privacy.

Florida’s Workers’ Comp Law Is Disrupting Medical Debt Collection – What Hospitals, Medical Providers and Debt Collectors Need To Know

The State of Florida, like many states, maintains a robust workers’ compensation statute geared toward insulating employees injured on the job from associated medical services. Now, lawsuits continue to be filed against debt collectors, hospitals and other medical providers alleging that under a novel interpretation of Florida’s workers’ compensation law, it is unlawful to attempt to collect medical debt arising from work-related injuries directly from consumers.

5th Cir. Holds Call That Did Not Mention Debt Not FDCPA ‘Communication’

The U.S. Court of Appeals for the Fifth Circuit recently affirmed the dismissal of a debtor’s claims against a debt collector alleging that a telephone call placed to his sister constituted an improper third-party communication in connection with the collection of a debt, in violation of the federal Fair Debt Collection Practices Act (FDCPA).