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Posts tagged as “Seventh Circuit”

7th Cir. Upholds Denial of Class Certification in TCPA Cases Due to Individualized Issues of Consent

Published January 7, 2019 by Christopher P. Hahn
7th Cir. Upholds Denial of Class Certification in TCPA Cases Due to Individualized Issues of Consent

On a consolidated appeal for purposes of disposition, the U.S. Court of Appeals for the Seventh Circuit recently affirmed the trial courts’ rulings denying class certification to lead plaintiffs who received faxed advertisements that allegedly did not comply with the Telephone Consumer Protection Act and…

7th Cir. Holds Attorney’s Fees and Emotional Distress Not ‘Actual Damages’ for RESPA QWR Claim

Published December 4, 2018 by Eric Tsai
7th Cir. Holds Attorney’s Fees and Emotional Distress Not ‘Actual Damages’ for RESPA QWR Claim

The U.S. Court of Appeals for the Seventh Circuit recently affirmed a trial court’s finding that a servicer did not violate the federal Real Estate Settlement Procedures Act (RESPA) and Wis. Stat. § 224.77 because the borrower could not prove that the servicer’s alleged failure…

7th Cir. Holds Plaintiff’s Oral Testimony of Payment Demand in Violation of FDCPA Insufficient to Defeat Defendant’s Documentary Evidence

Published November 8, 2018 by Jeffrey Karek
7th Cir. Holds Plaintiff’s Oral Testimony of Payment Demand in Violation of FDCPA Insufficient to Defeat Defendant’s Documentary Evidence

The U.S. Court of Appeals for the Seventh Circuit held that a plaintiff’s oral testimony that a $100 payment was demanded of her in violation of the federal Fair Debt Collection Practices Act (FDCPA) was insufficient to withstand summary judgment where the debt collector defendant…

7th Cir. Holds Plaintiff’s Settlement of Parallel Claim Against Another Defendant Mooted FDCPA Claim

Published September 6, 2018 by Ernest Wagner
7th Cir. Holds Plaintiff’s Settlement of Parallel Claim Against Another Defendant Mooted FDCPA Claim

The U.S. Court of Appeals for the Seventh Circuit recently reversed a judgment against a debt collector, finding that the plaintiff’s settlement with the creditor for the same indivisible injury mooted the plaintiff’s federal Fair Debt Collection Practices Act (FDCPA) claims for statutory damages, attorneys’…

7th Cir. Holds Debt Collector Did Not Violate FDCPA by Complying With State Procedural Rule

Published August 29, 2018 by Christopher P. Hahn
7th Cir. Holds Debt Collector Did Not Violate FDCPA by Complying With State Procedural Rule

The U.S. Court of Appeals for the Seventh Circuit recently held that service of a motion for default judgment directly upon a plaintiff consumer known to be represented by counsel did not violate the federal Fair Debt Collection Practices Act, where the plaintiff’s attorney had yet…

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

Published August 28, 2018 by Jeffrey Karek
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,…