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Posts tagged as “Seventh Circuit”

7th Cir. Reverses FDCPA Class Cert and Judgment Due to Lack of Standing

The U.S. Court of Appeals for the Seventh Circuit recently vacated judgment in favor of consumers and certification of a proposed class for claims that a debt collector violated sections 1692e and 1692f of the federal Fair Debt Collection Practices Act (FDCPA) by excluding a statement that interest would accrue on the debts in their collection letters.

7th Cir. Upholds Dismissal of Two FDCPA Class Action Cases on Spokeo/Standing Grounds

The U.S. Court of Appeals for the Seventh Circuit recently affirmed the dismissal of consumers’ claims that a collection letter used false, deceptive, or misleading representations, or otherwise unfair or unconscionable methods to collect a debt, in supposed violation of sections 1692e and 1692f of the federal Fair Debt Collection Practices Act (FDCPA).

7th Cir. Holds Mere Overstatement of Amount of Debt Not Enough for Spokeo Standing

The U.S. Court of Appeals for the Seventh Circuit recently vacated a trial court’s order denying a debt collector’s motion to compel arbitration in a putative class action lawsuit filed by a consumer alleging violations of the federal Fair Debt Collection Practices Act (FDCPA), and remanded the case to the lower court with instructions to dismiss for lack of jurisdiction.

7th Cir. Rejects FDCPA Claims That Collection Letters Falsely Implied Future Interest and Late Fees

The U.S. Court of Appeals for the Seventh Circuit recently held that factually accurate collection letters that did not make explicit or implicit suggestion about future outcomes did not violate the federal Fair Debt Collection Practices Act as they would not confuse or mislead the reasonable unsophisticated consumer.

7th Cir. Rules in Favor of Mortgagee in Insurance Coverage Dispute Involving Fire in Collateral Property

The U.S. Court of Appeals for the Seventh Circuit recently reversed summary judgment in favor of an insurer and against a mortgagee in an action involving state tort claims arising from a deadly fire in the collateral property, holding that an issue of fact existed regarding who was in possession of the property when the fire occurred.

7th Cir. Holds Separately Reporting Debts to Same Creditor Not ‘Unfair or Unconscionable’ Under FDCPA 

The U.S. Court of Appeals for the Seventh Circuit recently affirmed the dismissal of consumers’ claims that a debt collector's separate reporting of debts accrued for medical services, rather than aggregated together, violated the federal Fair Debt Collection Practices Act (FDCPA). 

7th Cir. Holds FDCPA Claims Failed Due to No Evidence of ‘Confusing or Misleading to Significant Fraction of Population’

The U.S. Court of Appeals for the Seventh Circuit recently affirmed entry of summary judgment in favor of a debt collector that its collection letter language was “false, misleading or deceptive” in violation of section 1692e of the Fair Debt Collection Practices Act.

7th Cir. Holds Putative Class Plaintiff Had Standing On ‘Private’ Rights Claim, But Not ‘Public’ Rights Claim

The U.S. Court of Appeals for the Seventh Circuit recently reversed a trial court’s order remanding a plaintiff’s claims under the Illinois Biometric Information Privacy Act (BIPA) back to state court for lack of subject-matter jurisdiction because she lacked standing under Article III.

7th Cir. Holds State Law Determines ‘Present Right to Repossession’ Under FDCPA

The U.S. Court of Appeals for the Seventh Circuit recently held that in the absence of an FDCPA-specific rule regarding “present right to possession,” the Court must look to state law to determine whether a repossessor has a present right to possess the property at the time it was seized.