In Kirkman v. Blitt and Gaines, P.C., the plaintiff sued the defendant in the Northern District of Illinois alleging violations of the Federal Debt Collection Practices Act (FDCPA) for sending her a letter by regular mail instead of email. The court found that the plaintiff lacked standing and granted the defendant’s motion to dismiss.
In a recent decision, the U.S. Court of Appeals for the Sixth Circuit affirmed the dismissal of federal claims brought by a mortgagee against Trinity Financial Services, LLC (Trinity) under the Fair Debt Collection Practices Act (FDCPA). While the appellate court agreed that the plaintiff lacked standing, its holding was rooted in different grounds, namely that the plaintiff’s injuries were not traceable to any independent FDCPA violation.
This week, the U.S. Court of Appeals for the Seventh Circuit issued a decision reversing a summary judgment order in a Fair Debt Collection Practices Act (FDCPA) case. The court found that there were genuine issues of material fact regarding whether the defendant debt collector knew or should have known that the plaintiff disputed the debt, and whether the defendant exercised reasonable care in reporting the debt.
The Court of Appeals for the Fourth District of Florida affirmed a trial court’s holding that claims under the Florida Consumer Collection Practices Act (FCCPA) cannot not be assigned. In KAC 2021-1, LLC v. Mary T. Matuskah Irrevocable Trust, the plaintiff was an assignee of a tenant who leased property from the defendant trust. The tenant failed to make her monthly payments for four months and the defendant posted an “8-Day Notice” on her front door, which stated the amount due and demanded payment of the rent or possession of the property. The tenant alleged the notice faced outward so it could be seen by anyone and was specifically seen by the FedEx driver who dropped off a package, embarrassing her.
The U.S. Court of Appeals for the Sixth Circuit recently affirmed that a debt collector did not violate the Fair Debt Collection Practices Act (FDCPA) when it threatened legal action to collect debts that were still within the applicable statute of limitations.
According to a recent report by WebRecon, court filings under the Fair Credit Reporting Act (FCRA), Telephone Consumer Protection Act (TCPA), and Fair Debt Collection Practices Act (FDCPA), and complaints filed with the Consumer Financial Protection Bureau (CFPB) were up for the month. Year-to-date everything is up compared to 2023.
According to a recent report by WebRecon, court filings under the Fair Credit Reporting Act (FCRA), Telephone Consumer Protection Act (TCPA), and Fair Debt Collection Practices Act (FDCPA) were down for the month. Yet, complaints filed with the Consumer Financial Protection Bureau (CFPB) were up. Year-to-date everything is up compared to 2023. CFPB complaints are up by a whooping 110.6%!
Earlier this month, the U.S. Court of Appeals for the Eighth Circuit vacated summary judgment for the defense on various claims under the Fair Debt Collection Practices Act (FDCPA) because the plaintiff lacked subject matter jurisdiction from the outset.
According to a recent report by WebRecon, court filings under the Fair Credit Reporting Act (FCRA), Telephone Consumer Protection Act (TCPA), and Fair Debt Collection Practices Act (FDCPA) and complaints filed with the Consumer Financial Protection Bureau (CFPB) were up for the month. Year-to-date everything is up compared to 2023.
According to a recent report by WebRecon, court filings under the Fair Credit Reporting Act (FCRA) and Telephone Consumer Protection Act (TCPA) were down for the month of July, but filings the under Fair Debt Collection Practices Act (FDCPA) and complaints filed with the Consumer Financial Protection Bureau (CFPB) were up for the month. Year-to-date everything is up compared to 2023, particularly CFPB complaints which have increased over 90% year-to-date!