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Posts tagged as “Seventh Circuit”

7th Cir. Holds FDCPA ‘Debt Validation Notice’ and ‘Caller Identification’ Issues Not Enough for Standing

The U.S. Court of Appeals for the Seventh Circuit recently reversed and remanded a trial court’s entry of summary judgment in favor of the plaintiff alleging violations of the federal Fair Debt Collection Practices Act with instructions to dismiss the case for lack of subject matter jurisdiction.

7th Cir. Holds TCPA Plaintiff Sufficiently Alleged ‘Agency’ Relationship for Complaint to Survive Dismissal

The U.S. Court of Appeals for the Seventh Circuit recently reversed the dismissal of a plaintiff’s complaint alleging supposed violations of the federal Telephone Consumer Protection Act and the Illinois Automatic Telephone Dialing Act, concluding that the plaintiff alleged enough of an agency relationship between the defendants and the entities that placed the subject calls for the complaint to move forward.

7th Cir. Upholds Stay of Federal Lawsuit by Borrower With Parallel State Court Foreclosure Litigation

The U.S. Court of Appeals for the Seventh Circuit recently affirmed a trial court's ruling to stay federal court proceedings brought by a litigious borrower, noting their practical identity to a pending state contested foreclosure action involving the same parties.

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.

7th Cir. Requires Evidentiary Hearing for Factual Disputes as to Standing

The U.S. Court of Appeals for the Seventh Circuit recently vacated a trial court’s judgment of dismissal and remanded with instructions to hold an evidentiary hearing limited to the issue of whether the trial court had subject-matter jurisdiction over a plaintiff’s claim that a dunning letter violated the federal Fair Debt Collection Practices Act because it did not clearly state that interest would accrue on the debt.

7th Cir. Holds Plaintiff’s Annoyance, Infuriation, Aggravation, Indignation Not Enough for Standing to Sue

The U.S. Court of Appeals for the Seventh Circuit recently held that a debt collection letter that references a legal remedy that could be pursued but is ultimately not pursued is not itself a sufficient basis to confer Article III standing.

7th Cir. Holds FDCPA Consumer’s Confusion and Hiring Attorney Not Enough for Article III Standing

The U.S. Court of Appeals for the Seventh Circuit recently vacated judgment in favor of a debt collector against putative class action claims raised by a consumer that its collection letter violated the federal Fair Debt Collection Practices Act (FDCPA) by threatening action that could not legally be taken and amounting to a false representation.