The Seventh Circuit Court of Appeals has affirmed summary judgment in a recent Fair Debt Collection Practices Act case where the plaintiff alleged that a repossession company demanded payment before she would be allowed to recover personal property left in the vehicle. The Court held that the plaintiff’s testimony did not create a
On October 23, the U.S. District Court for the Eastern District of Washington denied a defendant debt collector’s motion to dismiss a class action claim brought under the Fair Debt Collection Practices Act based on the debt collector’s alleged failure to report a debt as disputed in violation of FDCPA § 1692e(8). The Court in
On October 31, the Eastern District of Pennsylvania issued an opinion in Guzman v. HOVG, LLC, No. 18-3013, (E.D. Pa. Oct. 31, 2018), denying a debt collector’s motion to dismiss a Fair Debt Collection Practices Act-based action because the validation notice included in the collection letter did not clearly state that the debtor can
In Cooper v. Retrieval-Masters Creditors Bureau, Inc., 16 C2827, —F. Supp. 3d—, 2018 WL 2299203 (N.D. Ill. May 21, 2018), appeal filed (7th Cir. June 20, 2018), available here, plaintiff Jack Wesley Cooper alleged violations of the Fair Debt Collection Protection Act (“FDCPA”), seeking statutory and actual damages and attorneys’ fees.
At a
The Court in Patterson v. Peterson Enterprises, Inc., No. 2:18-cv-161-RMP (E.D. Wash. Oct. 23, 2018) recently denied a motion to dismiss seeking dismissal of a Fair Debt Collection Practices Act (“FDCPA”) claim due to the consumer plaintiff’s assertions that counterclaims in a previous collections lawsuit indicated that a debt was being disputed. The Court
The Northern District of Illinois recently held that a collection letter sent to a consumer’s attorney seeking payment on a debt discharged in bankruptcy did not violate the Fair Debt Collection Practices Act based on the “competent lawyer” standard. The case is Grajny v. Credit Control, LLC, No. 18-C-2719, 2018 U.S. Dist. LEXIS 173682,
Last week, the U.S. District Court for the Middle District of Florida rejected a defendant’s attempt to dismiss a proposed class action claiming Fair Debt Collection Practices Act (“FDCPA”) violations for charging excessive fees. The case is Brotz v. Simm Assocs., No. 6:17-cv-1603 (M.D. Fla. Oct. 15, 2018).
In its
Despite two controlling decisions by the Second Circuit in Avila and Taylor, claims involving the “amount of debt” disclosure under the Fair Debt Collection Practices Act (“FDCPA”) continue to evolve thanks to the relentless efforts by the New York plaintiffs’ bar. But these permutations of the “amount of debt” claims continue to be successfully
On October 17, the Bureau of Consumer Financial Protection issued its Fall Rulemaking Agenda. The CFPB releases regulatory agendas twice a year in conjunction with a broader initiative led by the Office of Management and Budget to publish a Unified Agenda of Regulatory and Deregulatory actions across all agencies of the federal government.
Of particular
On Wednesday, September 26th, from 2 – 3 pm ET, Troutman Sanders attorneys, David Anthony and Andrew Buxbaum will present a webinar discussing an in-depth examination and update on the FDCPA as well as the impact on the debt collection industry. The discussion will focus on recent case law, litigation trends and current regulatory enforcement