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Posts tagged as “Seventh Circuit”

7th Cir. Rules Dispute Sent Through Wrong Channel Gave Rise to Valid FDCPA ‘Bona Fide’ Error Defense

The U.S. Court of Appeals for the Seventh Circuit recently affirmed a trial court’s summary judgment ruling in favor of a debt collector asserting a bona fide error defense to an action under the federal Fair Debt Collection Practices Act.

7th Cir. Rejects CAFA Removal Under ‘Internal-Affairs’ and ‘Home-State Controversy’ Exceptions

The U.S. Court of Appeals for the Seventh Circuit recently held that a putative class action removed to federal court under the Class Action Fairness Act lacked federal jurisdiction because it fell within CAFA’s "internal-affairs" and "home-state controversy" exceptions.

7th Cir. Rejects County’s Allegations That Lenders Engaged in ‘Integrated Equity-Stripping Scheme’

In an action by Cook County, Illinois against various lenders for alleged increased expenses supposedly arising from heightened default rates, in which the County asserted that the lenders engaged in an “integrated equity-stripping scheme," the U.S. Court of Appeals for the Seventh Circuit recently affirmed a summary judgment ruling in favor of the defendant banks.

7th Cir. Holds Hiring Attorney, Paying Appearance Fee, Emotional Distress Not Enough for Article III Standing

The U.S. Court of Appeals for the Seventh Circuit recently affirmed the dismissal of a debtor’s federal Fair Debt Collection Practices Act lawsuit for lack of Article III standing. In so ruling, the Seventh Circuit held that the debtor’s hiring an attorney and paying an appearance fee, as well as alleged confusion, lost sleep, and emotional distress, were not sufficient to meet the requirements of standing.

7th Circ. Sets Standard for FCRA ‘Incomplete or Inaccurate Furnishing’ Claims

The U.S. Court of Appeals for the Seventh Circuit recently affirmed a summary judgment ruling in favor of a mortgage loan servicer and held that no reasonable jury could find that the servicer provided patently incorrect or materially misleading information sufficient to support a claim under Section 1681s-2(b) of the federal Fair Credit Reporting Act.

7th Cir. Rejects Bankruptcy Trustee’s Challenges to Pre-Petition Sale of Debtor’s Debts

The U.S. Court of Appeals for the Seventh Circuit recently rejected a bankruptcy trustee's avoidance and fraudulent transfer claims, holding that a debt purchase and sale agreement between a bankrupt debtor, its original creditor, and its new creditor was not avoidable because it did not qualify as a transfer of “an interest of the debtor in property.”

7th Cir. Holds Allegations of ‘Confusion’ and ‘Alarm’ Not Enough for Article III Standing

The U.S. Court of Appeals for the Seventh Circuit recently affirmed the dismissal of a consumer’s lawsuit against a debt collector, holding that the consumer lacked Article III standing to sue because his allegations of ʺconfusion” and “alarm” were not sufficiently concrete to result in an injury in fact.

7th Cir. Reverses Denial of Bankruptcy Trustee’s Action to Recover Money Paid to Debt Collector

In a bankruptcy trustee's adversary action to recover money paid to a collection agency within 90 days prior to the filing of the debtor's bankruptcy petition, and pursuant to a previous garnishment order, the U.S. Court of Appeals for the Seventh Circuit recently reversed the ruling of a trial court denying the trustee's application.