On June 25, a district court judge in the Eastern District of Louisiana granted the defendants’ motion to dismiss under Rule 12(b)(6) for failure to state a claim. The Court held that requiring the plaintiff, Iris Calogero, to repay funds arising from the overpayment of grant monies did not constitute a debt under the Fair
The United States Court of Appeals for the Seventh Circuit recently reiterated that the Fair Debt Collection Practices Act was not intended to penalize a company that made an honest mistake that resulted in no harm to the borrower.
In Casillas v. Madison Avenue Associates, Inc., No. 17-3162, Slip Op. (7th Cir. June 4,
On May 7, the Consumer Financial Protection Bureau (CFPB) released a 538-page Notice of Proposed Rulemaking (the Rule) that would update the Fair Debt Collection Practices Act (FDCPA). The Rule would be the first major update to the FDCPA since its enactment in 1977 and gives much-needed clarification on the bounds of federally-regulated activities of
In Tyler v. Mirand Response Systems, Inc., the Southern District of Texas recently granted summary judgment in favor of a debt collector in a claim brought under § 1692d(5) of the Fair Debt Collection Practices Act.
Plaintiff Nina Tyler had become indebted to her bank, and the debt was transferred to Mirand Response Systems, Inc.
The U.S. Court of Appeals for the Second Circuit recently held, for a second time, that a consumer need not receive notice of a potential violation of the Fair Debt Collection Practices Act in order for the statute of limitations to start; rather, the focus remains on when the injury occurs. A copy of the
On May 21, Sen. Jeff Merkley (D-Ore.) introduced Senate Bill 1581 that would amend the Fair Credit Reporting Act and the Fair Debt Collection Practices Act. The bill is co-sponsored by Sen. Richard Blumenthal (D–Conn.), Sen. Elizabeth Warren (D-Mass.), Sen. Bob Menendez (D-N.J.
On April 26, the United States District Court for the Southern District of Texas granted summary judgment in favor of a defendant on a Fair Debt Collection Practices Act claim regarding calls in an attempt to collect a delinquent medical debt.
In Jennifer Young v. Medicredit, Inc., the consumer
The Consumer Financial Protection Bureau (CFPB) released on May 7 a 538-page Notice of Proposed Rulemaking (the Rule) that would update the Fair Debt Collection Practices Act (FDCPA). The Rule would be the first major update to the FDCPA since its enactment in 1977 and gives much-needed clarification on the bounds of federally-regulated activities of
In Abdollahzadeh v. Mandarich Law Group, LLP, the Seventh Circuit affirmed summary judgment for a debt collector under the Fair Debt Collection Practices Act, finding that its procedures to prevent the collection of a time-barred debt were reasonable enough to support a bona fide error defense.
As background,